can police charge criminal negligence against post graduate medical student
(Querist) 10 March 2008
This query is : Resolved
sir as a [postgraduate student is working under medical officer as he is obeying orders of medical officer is he responsible for treatment care is there any such cases in which courts decision what was it in states like kerala where resident system is not implimented
(Expert) 14 March 2008
Negligence is a factual matter and therefore can be proved only by way of evidence.
(Expert) 28 March 2008
dear revinson,here in kerala there is no such special enactment on that regard ,and the matter is very well advised by the expert .. but u know, it is very difficult to proove the medical negligence and the eminent medical officer is merely protected by the section of 88 of IPC which an act done by the doer to cause for whose benifit it is done in good faith ,and who has given a consent ,whether express or implied, whatever he protected by law .police can register a case u/s 338 whoever causes grevious hurt to any person doing any act so rashly or negigently as to endanger human life and the case is bailable in nature , in kerala in almost magistrate courts,these cases are allowed to plead guilt and the accused are fined maximum fine of 1000 because all increasing road accidents are also comes under this section ..adv.a.haridasan Thrissur.
(Expert) 27 June 2008
Well said my friend. Cost of human life if consumed by way negligence is pittnace as per Lord Macualey thats what he refelected in Section 304A of IPC