Is Supreme Court ruling that can never be prosecuted for negligence, right?

I welcome ruling of Supreme Court.

You can't performed well with a sword on your neck.

I dare to disagree to Mr.Soorain Vahie that surgeons are taking too much of work load, shifting from one hospital to other. Yes work load is there but are other surgeons sitting idle, the answer is NO; every surgeon is busy, plus you see a pending list, waiting periods etc. In a nut shell the irony is more work less Surgeons!

If Surgeons start limiting their daily operations the waiting list would be gigantic! This would increase the charges???

Your underlying message is transparent and true.

Surgeons can take assistance of paramedic person dedicated only for observation and spot reminders. Hospitals and Doctors can appoint and train such persons as per their work load. There could be many other ways to avoid negligence related accidents in operation theater. Punishing is not the salvation.

Recently Supreme Court ruled that doctors can never be persecuted for negligence, defining that a simple lack of care of an error of judgement or an accident does not amount to negligence,  providing Doctors total relief and free them of  all responsibilities,  making it  near impossible to prove their negligence.

While I agree with some of  their reasoning, I strongly believe that the bench may have overlooked two important factors; one that most known or less known Doctors take much  more surgeries and consultations, in a day, they can handle efficiently handle, always preoccupied with their next surgery , while trying to complete or do full justification, to the one they are attending to, either in the same or some other hospital, they are attached to. In doing so,  they may not be  devoting the required time or their total skill, to the case they  attend, at o given time. Secondly, while there is some basic criteria, for a specialist or surgeon to qualify, there are grey area and many inexpert surgeons do surgery, without the supervision of a senior experienced surgeon. Same is true for inexpert specialists. Should surgeons be limited to surgeries, they can truly do justice to in a given day and specialist, limited to consultations, they can handle?