Legal Reference Library

Quashing a criminal case lodged against a doctor, the Supreme Court in Dr. Sou Jayshree Ujwal Ingole Vs State of Maharashtra & Anr. has held that an ‘error in judgment’ by a doctor does not make him guilty of criminal negligence under Section 304-A IPC. The allegation against the doctor was that after having called for a physician, she did not wait in the hospital and did not attend upon the patient (who was admitted on account of injuries suffered in a road accident), especially when the patient was suffering from haemophilia. As the physician did not turn up, the patient died. The brother of the deceased had lodged complaints against the doctors. The petition seeking to quash the complaint was dismissed by the Bombay High Court.

In Dr. Subhas Chandra Das vs State of Orissa, the Orissa High Court has, in a medical negligence case, observed that it is the duty of a doctor to explain his patient or relatives chances of success and the risk of failure of the suggested treatment and inform them about the foreseeable risks and possible negative effects of the treatment, keeping in mind the patient’s specific condition. Justice SK Sahoo, though quashed an order taking cognizance against a doctor under Section 304 Part-II of the Indian Penal Code, directed prosecution under Section 304-A of the Indian Penal Code, observing that there were sufficient materials to proceed against the doctor under the Section 304-A, as his patient died due to his rash or negligent acts. The case pertains to the death of a pregnant lady as well as the baby in the unborn condition. The doctor was accused of being negligent. The high court observed that, though knowledge cannot be attributed to the doctor, he did such a high degree of...

Cited: 1) Dr. Suresh Gupta v. Govt. of NCT of Delhi and Anr. (2004) 6 SCC 422 2) Law of Torts, Ratanlal & Dhirajlal (Twenty-fourth Edition 2002, edited by Justice G.P. Singh) 3) Charlesworth & Percy on Negligence (Tenth Edition, 2001) 4) R. v. Lawrence, [1981] 1 All ER 974 (HL) 5) Andrews v. Director of Public Prosecutions, [1937] A.C. 576 6) Syad Akbar v. State of Karnataka (1980) 1 SCC 30 7) Reg v. Idu Beg (1881) 3 All. 776 8) Bhalchandra Waman Pathe v. State of Maharashtra 1968 Mh.L.J. 423 9) Michael Hyde and Associates v. J.D. Williams & Co. Ltd., [2001] P.N.L.R. 233, CA, Sedley L.J. 10) Bolam v. Friern Hospital Management Committee, [1957] 1 W.L.R. 582, 586' 11) Eckersley v. Binnie, [1988] 18 Con. L.R. 1, 79  12) Halsbury’s Laws of England (Fourth Edition, Vol.30, Para 35) 13) Hucks v. Cole, [1968] 118 New U 469 14) Maynard v. West Midlands Regional Health Authority, [1985] 1 All ER 635 (HL) 15) Hunter v. Hanley 1955 SLT 213 at 217...