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Supreme Court of India on Medical Negligance on 10.02.2010

Page no : 2

Shivendra Nath Tripathi (Dental Surgeon Orthodontist Hospital Adm)     27 November 2010

First of all let me tel you that I am not in favour of any profession exploiting any individual.

as for doctors held liable for criminal negligence, it's still possible if the specialist board accepts that it was gross negligence. As my personal experience the criminal cases against a doctor is mostly to harass him and extort money.

some people will say that specialist board will never give a opinion of gross negligence being a same profession, well i believe they will understand the circumstances under which the problem arised better in their verdict. 


Also on side note i believe that if doctors can be held criminal liable then lawyers should also be held criminal liable for the cases where they loose due to any unobserved fact/ negligence leading to death panelty or life imprisonment of a individual, What if it is later reversed by higher court ,or another lawyer was proficient more to detect the anomalies but the family has suffered for years till then? is it that the judge himself is responsible for such criminal liablity as he was not able to see the facts correctly and so the individual and his family suffered????????? 

what I want to say here is that there should be a lee way space for every profession to work comfortably. If lawyers are abused by criminal cases against them they will stop taking such case, if doctors are harasses unnecessarily they will avoid taking such cases. There are always bad elements in any profession who look everything thru the hole in money but every one is not like that. If a death occours  in hospital it does not mean everytime a doctor is criminally liable for it.

I again say branding a particular set of professionals as bad or corrupt is not acceptable just because few 

Dr. M C Gupta, M.D., LL.M. (Medico-legal expert)     05 March 2011

The judgment as report here says--dismissed with costs.


This does not agree with the following:




the parties are directed to bear their own costs.


---M C Gupta

MBBS & MD (Medicine), AIIMS;

LL.B. (Delhi); LL.M. (Kurukshetra)

Fellow: National Foundation of Clinical Forensic Medicine

Awardee: Annual Oration Award 2011, Indian Association of Medico-legal Experts

Ex-Additional Professor, AIIMS

Ex-Professor and Dean, NIHFW

Practicing advocate


26 March 2011



v vedanarayanan (advocate)     22 March 2013

Real intelligent students only  should enter medical college not average and bellow average  which indicates their

mind -strong,mental power.....during medical neligence case a court  should  veryfy doctors marks also and next  a way of

pratice ...but experienced professionalist  always good...

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