Indian Penal Code, 1860, Section 304A -- Provision of S.304-A is not limited to rash or negligent driving - Any rash or negligent act whereby death of any person is caused becomes punishable - S.304-A applies only to such acts which are rash and negligent and are directly the cause of death of another person - Negligence and rashness are essential elements u/s 304-A IPC...........
Indian Penal Code, 1860, Section 304A -- Provision of S.304-A applies to cases where there is no intention to cause death and no knowledge that the act done, in all probabilities, will cause death - This provision is directed at offences outside the range of Ss. 299 and 300 IPC - S.304-A applies only to such acts which are rash and negligent and are directly the cause of..........
Indian Penal Code, 1860, Section 304A -- Negligence - Must be culpable or gross and not the negligence merely based upon an error of judgment...........
Indian Penal Code, 1860, Section 302 -- Causing injuries with an axe - Death after 13 days - Contention of accused that he could not be convicted u/s 302 IPC as death occurred due to medical negligence and deceased could have survived with proper medical care - Held, plea clearly overlooks Exception 2 to S.299 IPC - Conviction u/s 302 IPC upheld...........
Consumer Protection Act, 1986, Section 2(1)(d) -- Medical negligence - Termination of pregnancy - Alleged accidental injury occurred in terms of perforation to uterus while undergoing D&C procedure - OP No. 1 took due and reasonable care and did exhibit professional skill such as Gynaecologist while treating complainant No.1 - In no way it could be held that she was..........
Medical negligence -- Termination of pregnancy - D&C procedure - Consent - Informed consent - Not taking of - OP No. 1 doctor faced a case of emergency - OP1 took emergent steps to save the life of patient and to relieve her from unbearable pain and to stop profused bleeding D&C procedure done - If in such situation a doctor takes crucial decision without bothering to get..........
Medical negligence -- Xylocanine administered by doctor 'K' when the patient was already under general anaesthesia in the operation theatre - There is nothing before the Fora to show that whatsoever was done by doctor 'K' was as per accepted medical practice or followed by large body of doctors - In the absence of which above medical negligence on account of failure to..........
Medical negligence -- Vicarious liability - Hospital would be vicariously liable for the negligence on the part of their employees and not having sufficient staff to deal with emergencies...........
Medical negligence -- Delivery of child - Caesarean section and not through normal delivery - It is for the complainant to allege as well as to prove, that what the Doctor should have done, which he did not do, or, what he did, which should not have been done - No such evidence one way or the other has been led by the complainant/appellant to prove the allegation of..........
Medical negligence -- Onus of proof - Repeated advice for 'Bone Marrow Aspiration test' was unheeded - This is clearly a case of negligence on the part of the complainant himself who repeatedly refused or did not heed the advice of the doctors to get the bone marrow aspiration test done which is the test to finally determine that the patient is suffering from Leukemia - He..........
