medical negligence under section 304a

Criminal Medical Negligence Under Section 304(A) (By Bargavi Baradhwaj) October 12, 2020 October 12, 2020 ijlra. Also, the cases of medical negligence are increasing in which a person is affected because of the negligent act of the doctor or the medical staff. This offence is cognizable and warrant should ordinarily issue in the first instance. states that Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. The Supreme Court held that although the driving was rash and negligent, the accused must have had knowledge that such kind of act of her could lead to death, only then she will be considered punishable under 304 Part II of IPC and not under Section 304A. Culpable Homicide either amounting to murder or not; and. She looks after all the Healthcare news pertaining to Medico-legal cases, MCI/DCI decisions, Medical Education issues, government policies as well as all the news and updates concerning Medical and Dental Colleges in India. It is to say that if the employee/servant of the doctor rashly or negligently causes death of such person the doctor may be held liable as per the principle of vicarious liability. In the year 2018, there have been a total of 467044 accidents[xi]. Medical Negligence basically is the misconduct by a medical practitioner or doctor by not providing enough care resulting in breach of their duties and harming the patients which are their consumers. Homicide i.e, killing of a human being by a human being is divided into two parts. A doctor can be punished under Section 304A of the Indian Penal Code (IPC) for causing death by a rash or negligent act, say in a case where death of a patient is caused during operation by a doctor not qualified to operate. Rule 3 of Central Motor Vehicle Rules, 1989. https://app.powerbi.com/viewr=eyJrIjoiMjIzMTY5MmQtNjZmZC00OTAyLTkzOGMtYWEy. After proving the person liability under Section 304A. New Delhi: Given the fact that doctors are rampantly accused of medical negligence and charged under IPC 304 A without proper scrutiny into the allegations made against them, the Supreme Court has made a landmark observation holding that the medical professionals should not be dragged into criminal proceedings unless negligence of a high order is shown. The punishment for causing death by negligence under Section 304-A is imprisonment of either description for a term, which may extend to two years, or with fine, or with both. Weekly Competition – Week 4 – September 2019, Weekly Competition – Week 2 – October 2019, Weekly Competition – Week 3 – October 2019, Weekly Competition – Week 4 – October 2019, Weekly Competition – Week 1 – November 2019, Weekly Competition – Week 2 – November 2019, Weekly Competition – Week 3 – November 2019, Weekly Competition – Week 4 – November 2019, Weekly Competition – Week 1 – December 2019. In the present case, the act of the accused was considered as negligent act because he made a breach of duty as imposed by upon him by law. Following the trial court's verdict on the case, in a setback to the doctor, the Additional Sessions Judge had later set aside the order of discharge from having committed offences under Section 304A Indian Penal Code, 1860 and Section 18- C/27-B of the Drugs and Cosmetics Act, 1940. Medical negligence under section 304a of the Indian penal code - the need to have a relook Volume 4 Issue 2 - 2017 Seema PS Cochin University of Science and Technology, India Correspondence: PS Seema, Assistant Professor, Cochin University of Science and Technology, School of Legal Medicine, Kochi, Kerala, India, Tel 9694963875, Email Received: January 30, 2017 | Published: February 15, 2017 … The offence under present section is a Bailable, cognizable and a non-compoundable offence. Principle of Res Ipsa Loquitur i.e, things speak for itself. In many cases, doctor saves the lives of people. Section 304A i.e, causing death by negligence reads as follows: “Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.”. The number of cases of medical negligence is increasing day by day. His act was not considered as a ‘rash act’ because the speed of the car was normal and it was morning time and extra care need not have to be taken. Also, the duty of the court is to have a check that the doctors are not being harassed in performance pf their duties. Under Criminal Negligence, Section 304A of the IPC, 1860 states that whoever causes the death of an individual by a rash or negligent act not amounting to culpable homicide shall be punished with imprisonment for a term of two years, or with a fine or with both. There must be death of person in question; The death must be caused due to rash or negligent act of accused; and. Murder. When a FIR (First Information Report) is filed against a doctor for the death of a patient who was under his treatment, under this Indian Penal Code Section 304-A the doctor can be arrested. In the case of Indian Medical Association v. VP Shantha[xv], the Supreme added medical profession in the term ‘service’ as under CP Act, 1986. VOLUME 1 ISSUE 3. Covid has created tremendous opportunity for lawyers, Jurisdictive ploy to combat dilatory tactics, The Patents Act, 1970 : Case analysis – Novartis Ag v. Union of India, Introduction to domestic violence on children. Sushil Ansal V. State through CBI ((2014) 6 SCC 173). He crashed and minor injuries were caused to the lady and some major injuries to his child. The criminal process once initiated subjects the medical professional to serious embarrassment and … Medical Negligence under Section 304A of IPC; In the Judgement Kurban Hussein Mohammedali Rangawalla v. State of Maharashtra related to Section 304A of IPC in accordance with medical negligence (death caused by negligence), It was held that "To impose criminal liability under Section 304A, Indian Penal Code, it is necessary that the death should have been the direct result of a … In the instant case, the doctors … She was advised caesarean by the doctor and underwent the same. You agree to our use of cookies by continuing to use our site. states that Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. After the birth of the newborn, the doctors felt that blood was required to be given to the patient. The wrongful act is punishable under Section 304A of Indian Penal Code,1860, which states that whosoever causes the death of any person by doing any rash and negligent act not amounting to culpable homicide shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both. The act must lead to the immediate cause for the death. In our country, doctors enjoy the status of second god. Medical Negligence has also been interpreted to attract section 304A. The investigating officer and the private complainants cannot always be supposed to have knowledge of medical science so as to determine whether the act of the accused medical professional amounts to rash or negligent act within the domain of criminal law under Section 304A of IPC. Criminal Negligence. Thereafter, citing medical negligence filed an FIR with the police alleging that the doctor did not attend to the patient after transfusion which resulted in her death. In the case of State of Haryana and Ors. Under section 340A of IPC. In the course of showing the revolver to B, a bullet gets fired which leads to death of B. Culpable Homicide either amounting to murder or not; and 2. Medical negligence law in India is covered under the criminal act of death by negligence . The accused lifted a child and threw him on the ground which resulted in the death of the child. Criminal complaints are being filed against doctors alleging commission of offences punishable under Section 304A or Sections 336/337/338 of the IPC alleging rashness or negligence on the part of the doctors resulting in loss of life or injury (of varying degree) to the patient. The act of the accused was considered as ‘negligent act’. Consumer Protection Act. Recent incidence in Pune stirred up the hornet’s nest among medical fraternity when Doctors were arrested on the alleged ground of Medical Negligence after the death of a patient and raised its voice against the unjust application of IPC Section 304-II instead of Sec.304-A. Concerned a pregnant patient who was admitted to the Hospital for delivery in November 1998 human! In need of a human being is divided into two parts Suppose two a! Day by day of an offence punishable under section 304 ( medical negligence under section 304a (! The question was raised upon the intention of accused ; and 2 been a total of accidents. 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