What is Criminal Medical Negligence? Medical Malpractice | Medical Negligence

What is Criminal Medical Negligence? Medical Malpractice

It is common in India to implicate doctors in criminal cases alleging negligence in the death of a patient under treatment.

In the case of Dr. Suresh Gupta vs. Govt of NCT Delhi, AIR 2004, SC 4091: (2004)6 SCC 42, the Supreme Court of India declared while reviewing the previous order that extreme care and caution should be exercised while initiating criminal proceedings against medical practitioners for alleged medical negligence.

In a well-considered order, the apex court felt that bonafide medical practitioners should not be put through unnecessary harassment. The court said that doctors would not be able to save lives if they were to tremble with the fear of facing criminal prosecution. In such a case, a medical professional may leave a terminally ill patient to his own fate in an emergency where the chance of survival is poor
The court held that a simple lack of care, error of judgment, or an accident is not proof of criminal negligence on the part of a medical professional. It requires gross negligence to prosecute a doctor under criminal laws.
In Jacob Mathew's Case, this Court clearly held that in criminal law medical professionals are placed on a pedestal different from ordinary mortals. It was further held that to prosecute the medical professionals for negligence under criminal law, something more than mere negligence had to be proved. Medical professionals deal with patients and they are expected to take the best decisions in the circumstances of the case.

Sometimes, the decision may not be correct, and that would not mean that the medical professional is guilty of criminal negligence. Such a medical professional may be liable to pay damages but unless negligence of a high order is shown the medical professionals should not be dragged into criminal proceedings.

That is why in Jacob Mathew's case (supra) this Court held that in a case of criminal negligence against a medical professional it must be shown that the accused did something ' grossly negligent' or failed to do 'grossly negligent' something in the given facts and circumstances of the case which no medical professional in his ordinary senses and prudence would have done or failed to do.

In Suresh Gupta’s case in August 2004 the standard of negligence that had to be proved to fix a doctor’s or surgeon’s criminal liability was set at “gross negligence” or “recklessness.” If the doctor has adopted the right course of treatment, if she/ he is skilled and has worked with a method and manner best suited to the patient, she/ he cannot be blamed for negligence if the patient is not totally cured.

Видео What is Criminal Medical Negligence? Medical Malpractice | Medical Negligence канала Prof. Suresh Bada Math