Indian Penal Code, 1860, Section 304A, Criminal Procedure Code, 1973, Section 482 -- Medical negligence - Two views by medical experts - One view that there was negligence and another view that there was no negligence - Which opinion would ultimately prevail is essentially a question to be determined by trial Court after evidence is led by both the parties at the trial -..........
Criminal Procedure Code, 1973, Section 482, Penal Code, 1860, Section 304A -- Quashing proceedings - Medical negligence - Death of child - Two sets of opinions; one in favour of the complainant and another in favour of the appellants - Which opinion would prevail is essentially a question to be determined by the learned Trial Judge upon considering the evidence adduced by..........
Indian Penal Code, 1860, Section 279, 304A, Criminal Procedure Code, 1973, Section 320 -- Non compoundable offence - Compromise - Conviction u/ss 279 & 304-A IPC - Compromise during pendency of appeal in Supreme Court - Parties allowed to compromise - Conviction maintained - Fine enhanced from Rs.2, 000/- to Rs.20, 000/- to be paid to parents of deceased - Sentence reduced..........
Indian Penal Code, 1860, Section 304A, Criminal Procedure Code, 1973, Section 482 -- Death due to rash and negligent act - Complaint - Quashing thereof - Final report was accepted and protest petition was rejected by Magistrate - Sessions Court directed further investigation - Legality of - Held, parties have compromised and complainant categorically submitted that she..........
Indian Penal Code, 1860, Section 304A -- Medical negligence - A professional is liable for negligence on one of the two findings viz. either he was not possessed of the requisite skill which he professed to have possessed, or, he did not exercise with reasonable competence in the given case, the skill which he did possess - It is not necessary for every professional to..........
Indian Penal Code, 1860, Section 304A -- Medical negligence - A practitioner must bring to his task a reasonable degree of skill and knowledge, and must exercise a reasonable degree of care - Deviation from normal practice is not necessarily evidence of negligence - Mere accident is also not evidence of negligence - Also an error of judgment on the part of a professional..........
Indian Penal Code, 1860, Section 304A -- Medical negligence - Complaint to be entertained only after prima facie evidence is produced in Court in the form of credible opinion given by another competent doctor to support the charge of rashness or negligence on the part of the accused doctor...........
Indian Penal Code, 1860, Section 304A -- Medical negligence - Blood transfusion - Death to reaction to blood transfusion - A doctor is required to monitor the progress of reaction as the developing complications were reported to him - Despite such facts known to the doctor, the deceased was left without attention - Prima facie case u/s 304-A IPC is made out against the..........
Indian Penal Code, 1860, Section 304A -- Medical negligence - In every mishap or death during medical treatment, a medical man cannot be proceeded against in a criminal Court - Criminal prosecution of doctors without adequate medical opinion pointing to their guilt would be doing disservice to the community at large...........
Indian Penal Code, 1860, Section 304A -- Medical negligence - Negligence and error of judgement - If there is an error of judgement then accused cannot be summoned by a Court u/s 304-A IPC...........
