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...