What duty does a doctor owe a patient in this case?

A doctor owes duty in three stages: deciding to take the case, choosing treatment, and administering it—all with reasonable skill and care.

Who won in Laxman B. Joshi v. Trimbak B. Godbole?

The Supreme Court upheld liability against the appellants, finding negligence and wrongful acts towards the patient.

Does giving only part of the prescribed pre-operative medication matter?

Yes. Departing from the decided treatment plan can show lack of reasonable care, supporting a finding of negligence.

What caused the patient’s death?

The patient died from fat embolism after surgery. The Court still found negligent breaches in care and management.

How to remember the rule?

Think ‘3D Care’: Decide, Design, Deliver—each step must meet reasonable skill and care.

Laxman B. Joshi v. Trimbak B. Godbole

Laxman B. Joshi v. Trimbak B. Godbole (1969)

Medical Negligence • Duty of Care • Doctor–Patient • Easy-English Explainer

Supreme Court of India 1969 AIR 1969 SC 128 Torts / Medical Negligence 6 min read

CASE_TITLE: Laxman B. Joshi v. Trimbak B. Godbole PRIMARY_KEYWORDS: medical negligence, duty of care, doctor–patient SECONDARY_KEYWORDS: reasonable skill, pre-op care, hospital liability, India SC PUBLISH_DATE: 31-10-2025 AUTHOR_NAME: Gulzar Hashmi LOCATION: India slug: laxman-b-joshi-v-trimbak-b-godbole

Quick Summary

The Supreme Court of India confirmed that a doctor owes care at three stages—decide to take the case, decide the treatment, and deliver it properly. If a practitioner falls below reasonable skill or care in any stage, it is negligence. On the facts, the Court upheld liability for negligent management.

Issues

Can the respondents be held liable for medical negligence on these facts?
What is the standard of care a doctor must meet at each stage of treatment?

Rules

Anyone holding themselves out to treat patients promises reasonable skill and knowledge.
Duty of care exists in: (i) accepting the case, (ii) deciding treatment, (iii) administering treatment.
Breach in any part gives the patient a right to sue for negligence.

The practitioner must meet the care of a reasonably competent professional in similar circumstances.

Facts (Timeline)

6 May, Sunset – Accident: Respondent’s son Ananda (20) fractured his femur on the Palshet beach, Ratnagiri.

Local Care: A local physician advised treatment at Poona (Pune).

8 May – Hospital: Admitted around 2 pm. The appellant directed two injections (morphia 1/8 gr; hyoscine H.B. 1/200 gr) at one-hour interval.

Departure from Plan: Only one injection was given before surgery.

Operation & Assurance: Leg operated; family assured recovery.

6:30–9:00 pm – Emergency: Breathing difficulty observed; emergency measures continued till 9 pm; Ananda died.

Cause: Death due to fat embolism.

Chronological timeline of events in Laxman B. Joshi v. Trimbak B. Godbole

Arguments

Appellants (Patient’s Side)

Failure to follow the full pre-operative medication plan.
Inadequate peri-operative monitoring and care.
Assurances inconsistent with the evolving risk to the patient.

Respondents (Doctors/Hospital)

Treatment choices were within professional judgment.
Death occurred from fat embolism, a known complication.
No breach of the standard expected of a reasonable practitioner.

Judgment

Held: The Supreme Court upheld the High Court and found the appellants liable in negligence. The medical team fell below reasonable care in managing the case and the pre-/post-operative steps.

Ratio

Three-stage duty: A doctor must use reasonable skill and care in (1) accepting the case, (2) choosing the treatment, and (3) administering it. A breach at any stage amounts to negligence.

Why It Matters

Sets a clear Indian standard for medical duty of care.
Separates clinical judgment from careless execution.
Protects patients when care plans are not reasonably followed.

Key Takeaways

Duty applies at intake, plan, and delivery.

Deviation from plan can be negligent.

Known complications don’t erase poor care.

Reasonable skill, not perfection, is required.

Mnemonic + 3-Step Hook

Mnemonic: “3D Care” — Decide (take case?), Design (what treatment?), Deliver (how to give?).

Decide: Take the case only if you can treat it competently.
Design: Choose a proper plan suited to this patient.
Deliver: Follow the plan and monitor reasonably.

IRAC Outline

Issue: Were the respondents negligent in the care and management of Ananda’s femur fracture?

Rule: Doctors imply reasonable skill and care at acceptance, planning, and administration stages.

Application: Only part of the pre-op plan was followed; peri-operative care fell short; monitoring was inadequate given the risk profile.

Conclusion: Breach established; liability for negligence upheld.

Glossary

Duty of Care: The obligation to act with reasonable skill and caution towards a patient.
Fat Embolism: A complication where fat droplets enter the bloodstream after fractures or surgery.
Peri-operative: The period around surgery—before, during, and just after the operation.