What is A patient died during surgery. The relatives allege that death was due to negligence, According to a recent Supreme Court judgment, doctor can be charged for Medical Negligence under section 304-A, only if: and explain in detail?
Ans. c. There is gross negligence (Ref: Reddy 33/e, p40, 29/e p34)A physician can be charged with criminal negligence in Section 304 A, when a patient dies from the effects of anesthesia during, an operation or other kind of treatment, if it can be proved that the death was the result if malicious intention, or gross negligence."Section 304-A deals with criminal negligence. Criminal negligence occurs when the doctor shows gross lack of competence or inaction, gross recklessness or wanton indifference to the patient's safety, or gross negligence in the selection and application of remedies. It involves an extreme departure from the ordinary standard of care."Inadvertent Negligence (Accidental negligence):Inadvertent negligence can be called simple negligence.In this case, the harm done is neither foreseen nor willed.Corporate Negligence:It occurs when a health care corporation failed to perform those duties, it owes directly to a patient or anyone else to whom it may extend.If such a duty is breached and patient is injured due to result of the breach, the organization can be held under the theory of corporate negligence.Res Ipsa Loquitur:Latin meaning of phrase is- the things or facts speaks for itself.This rule is applied when the following conditions are satisfied:That in the absence of negligence the injury would not have occurred ordinarily.That doctor had exclusive control over injury producing instrument or treatment That the patient was not guilty of contributory negligence.