In every profession, some perform their duty with utmost good faith and some with malafide intention. But the real question is why the patient has to suffer due to the mala fide intention of the doctors. Isn’t it unfair to them? That is the reason why doctors also fall under the ambit of Consumer Protection Act in the case Indian Medical Association v. VP Shantha.
We know that doctors are punished in civil negligence under the law of tort and Consumer Protection Act. Now, we will know how the doctor is liable in criminal negligence under Indian Penal Code.
Section 304 A of Indian Penal Code talks about causing death by negligence. If a doctor fulfills the condition of the aforementioned section then he will be published.
The punishment for the same is imprisonment for 2 years or fine or both.
Essential requisite of the aforesaid section is –
Here rash means proper care and caution was not taken but injury was caused without intention to cause injury. He didn’t know that the act cause the death of that person.
Here negligence means breach of duty imposed by law or omission to perform his duty.
Apart from this, doctors will be punishable under 338 of IPC for causing grievous hurt endangering the life of patients. Punishment for the same is 2 years of imprisonment or fine up to 1000 rupees or both.
The essential requisite of the aforesaid section is –
Here a doctor shall be punished if he causes hurt endangering the life of patients. The punishment for the same is 6 months of imprisonment or fine up to 500 rupees or both.
The essential requisite of the aforementioned section is –
[ad_1] Nørresundby, 26 April 2024Announcement no. 23/2024 The Board of Directors of RTX has, cf. company announcement no. 20/2023 dated…
[ad_1] Gyroscope Global Market Report 2024 – Market Size, Trends, And Global Forecast 2024-2033 The Business Research Company's Gyroscope Global…
[ad_1] ODISHA, India, and LOS ANGELES, Calif., April 25, 2024 (SEND2PRESS NEWSWIRE) — In the 1880s, to call attention to…
In support of Hong Kong's new mega tourism and commerce drive, Alipay+ now enables users of 14 leading overseas mobile…
[ad_2] TOKYO, April 26, 2024 /PRNewswire/ -- KLab Inc. announced that its hit 3D action game Bleach: Brave Souls has…
[ad_1] CALGARY, Alberta, April 24, 2024 (GLOBE NEWSWIRE) -- The Board of Directors of TransAlta Corporation (TSX: TA) (NYSE: TAC)…