In Brief
A surgeon was charged with criminal negligence under IPC Section 304-A after a haemophilia patient died following her decision to leave the hospital after calling for a physician. The Supreme Court quashed the proceedings, holding that the surgeon's conduct constituted an error of judgment, not criminal negligence. The Court reiterated that criminal negligence requires gross culpability; a doctor following acceptable medical practice cannot be prosecuted merely for choosing a course of action. An error in judgment—leaving before the physician arrived—does not meet the threshold for criminal liability.
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