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Stress-Induced Errors: Protecting Judges, But Ignoring Doctors—A Call for Equal Empathy

Judicial Errors are Expunged, Medical Mistakes Face Litigation—Why the Double Standard?

New Delhi: The Supreme Court of India recently emphasized the need to shield judges from personal criticism, acknowledging that even the most competent judicial officers are prone to errors due to stress. This assertion came as a bench comprising Justices A S Oka, Ashanuddin Amanullah, and G S Masih expunged harsh remarks made by the Delhi High Court against an additional sessions judge, citing the immense pressure under which judges operate.

“Judges have to work under stress… even we are prone to making mistakes,” the SC remarked, highlighting the distinction between critiquing judicial orders and personally attacking judges. Such an approach underscores the judiciary’s recognition of human fallibility under pressure—a recognition that appears glaringly absent for another high-stakes profession: medicine.

Doctors: Held to Inhuman Standards

While judicial mistakes can be rectified through appeals, doctors’ errors often come at the irreversible cost of human lives. Surgeons, emergency room physicians, and intensivists routinely work in high-pressure environments where split-second decisions determine life or death. Despite this, doctors face relentless public scrutiny, legal challenges under the Consumer Protection Act (CPA), and even physical violence from patients’ families when outcomes fall short of expectations.

Unlike judges, doctors receive no systemic protections or societal empathy. There is no equivalent of a court expunging criticism for medical professionals. Instead, doctors endure lawsuits, public defamation, and, in some cases, mob attacks—all while battling immense stress and burnout.

The Hypocrisy of Selective Empathy

The judiciary’s recent acknowledgment of its own fallibility raises an uncomfortable question: Why doesn’t the same understanding extend to doctors? If the judiciary can recognize that errors under stress are inevitable for judges, shouldn’t the same rationale apply to medical professionals?

This selective empathy reveals a troubling double standard. Judges are shielded from undue criticism for stress-induced errors, while doctors are vilified for mistakes made in far more chaotic and unpredictable environments. The systemic safeguards afforded to judges starkly contrast with the harsh accountability imposed on doctors, who are left to navigate professional hazards without comparable protections.

A Forgotten Parallel

Both judges and doctors perform critical roles that profoundly affect lives. Yet, while the judiciary has successfully argued for its own humane treatment, no similar advocacy exists for doctors. Society celebrates doctors as saviors but demonizes them the moment an adverse outcome arises. Who steps forward to defend the medical profession against this hypocrisy?

Time for Balance

Empathy for judges must not come at the exclusion of other professions grappling with similar pressures. If judges deserve protection for stress-induced errors, so do doctors. Legal reforms and public awareness campaigns are needed to highlight this parallel and ensure that doctors receive the same compassion and systemic support afforded to judges.

The stakes are too high to ignore. Protecting judges from personal criticism while leaving doctors to fend for themselves is not just unjust—it’s a societal failure. Recognizing the humanity of one profession while dismissing that of another undermines the very empathy we claim to uphold. It’s time for equality in understanding stress across all critical professions.

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