TO FASTEN CRIMINAL LIABILITY AGAINST A DOCTOR, VERY HIGH DEGREE OF NEGLIGENCE HAS TO BE PROVED:Charge of professional negligence against a doctor is very serious one as it affects his professional status and reputation and as such the burden of proof would be more onerous. He can not be held liable for misadventure or for an error of judgement in making a choice when two options are available.The mistake in diagnosis is not necessarily a negligent diagnosis. An act which may constitute negligence may not attract the penal provisions of S304A of IPC. Interference in treatment by husband of patient shall not be taken an excuse for abdicating ones responsibility when interference could also have been in nature of suggestion.Breach of duty to take basic standard of medical care on the part of doctor is not diluted. Doctrine of cumulative effect is not available in criminal law as held by their Lordship JJ, SB Sinha & Deepak Varma in (1)Malay Kumar Ganguly vs Sukumar Mukharjee & Others (2) Dr. Kunal Saha vs Dr.Sukumar Mukherjee & Others reported in AIR2010 SC 1162.
Posted on: Wed, 14 Jan 2015 04:14:54 +0000
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