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Medical negligence is to be proved by Complainant-SC

Raj Kumar Makkad ,
  23 February 2010       Share Bookmark

Court :
Supreme Court of India
Brief :
A complaint was filed against medical practitioner stating therein that he is negligible in his treatment. The matter went upto National Consumer commission wherein it was held that the medical practitioner is not negligible and then appeal was filed.
Citation :
Kusum Sharma and Ors. v. Batra Hospital and Medical Research Centre and Ors (Decided on 10.02.2010) MANU/SC/0098/2010
Held, A doctor faced with an emergency ordinarily tries his best to redeem the patient out of his suffering. He does not gain anything by acting with negligence or by omitting to do an act. Obviously, therefore, it will be for the complainant to clearly make out a case of negligence before a medical practitioner is charged with or proceeded against criminally. To prosecute a medical professional for negligence under criminal law it must be shown that the accused did something or failed to do something which in the given facts and circumstances no medical professional in his ordinary senses and prudence would have done or failed to do. The hazard taken by the accused doctor should be of such a nature that the injury which resulted was most likely imminent. In the present case, appellants have failed to make out any case of medical negligence against the respondents

 
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Published in Criminal Law
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