Sir,
How far doctors are immuned from their criminal liability. Can somebody cite SC case rulings.
Thanks and Regards.
Ratan Kumar (Legal Practice) 01 January 2013
Sir,
How far doctors are immuned from their criminal liability. Can somebody cite SC case rulings.
Thanks and Regards.
Chetan Joshi (Advisory/Advocacy) 01 January 2013
As far as Doctors act with diligence and the matter is not proved as gross negligence.....
Martin F. D'Souza vs Mohd. Ishfaq...
You can search for "medical negligence" for more citations.
Regards
Chetan(dot)7679(at)gmail(dot)com
Dr V. Nageswara Rao (Advocate) 02 January 2013
1. Your query relates to criminal liability only.
2. Courts in India have been rather reluctant to foist criminal liability on a doctor under S. 304A of IPC for causing death by rash and neglignet act.
3. The Courts require proof of "gross" negligence and not mere negligence, as under Law of Torts, for holding a doctor criminally liable under S. 304A. Hence, mere error of judgment is not sufficient.
4. Courts in UK have held doctors criminally liable for gross negligence before and after the passing of Criminal Justice Act, 2003.
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