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Supreme Court of India 2017-04-06 allowed

Sou Jayshree Ujwal Ingole vs State of Maharashtra & Anr

Bench: 2 — Deepak Gupta

In Brief

A surgeon was charged with criminal negligence under Section 304-A IPC after a haemophiliac patient died. The patient suffered abdominal pain; the surgeon examined him, summoned a physician, and left the hospital without waiting. The physician did not arrive, and the patient died the next morning. The High Court rejected the petition to quash the charges. The Supreme Court allowed the appeal, holding that the surgeon's conduct was merely an error of judgment, not criminal negligence. Criminal negligence requires gross negligence of a very high degree; a medical professional cannot be prosecuted merely for following an acceptable practice or making a judgment call that another doctor might have made differently.

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Criminal Law Medical Negligence Section 304-A IPC Section 482 CrPC Quashing of Proceedings Professional Negligence Medical Malpractice Standard of Care Criminal Procedure

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