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The Supreme Court held that charging Dr. Mohan under Section 304 Part I IPC (culpable homicide not amounting to murder) for a patient’s death caused after a nurse administered an injection based on his telephonic instructions was legally unsustainable. Instead, the Court ruled that the matter constituted medical negligence, if anything, and should be tried under Section 304A IPC (causing death by negligence).
Key Points:
No intent or knowledge was established to justify a culpable homicide charge.
Kumari Kritika developed swelling in her right eye and visited Dr. Harish Gupta (OP-1) in 2014. Dr. Gupta referred her to Dr. S.D. Tayal (OP-2), who prescribed Pred-Forte eye drops. Her vision deteriorated over time, and she was later diagnosed with cataracts attributed to prolonged use of Pred-Forte. She alleged medical negligence and filed a complaint
District Forum:
➔ Dismissed the complaint, holding no negligence proven against the doctors.
➔ Found no expert evidence and observed that the patient didn’t follow up as instructed.
State Commission (Appeal):
➔ Allowed the appeal partially.
The Supreme Court's judgment in Vinod Jain v. Santokba Durlabhji Memorial Hospital & Anr. (Civil Appeal No. 2024 of 2019, decided on February 25, 2019) provides a significant interpretation of medical negligence under Indian law. The bench, comprising Justices L. Nageswara Rao and Sanjay Kishan Kaul, upheld the National Consumer Disputes Redressal Commission's (NCDRC) decision, emphasizing that a wrong diagnosis, in itself, does not constitute medical negligence.
Background of the...
"We, therefore, direct that whenever a complaint is received against a doctor or hospital by the Consumer Fora (whether District, State or National) or by the Criminal Court, then before issuing notice to the doctor or hospital against whom the complaint is made, the Consumer Forum or Criminal Court should first refer the matter to a competent doctor or a committee of doctors specialized in the field relating to which the medical negligence is attributed.
— Martin F. D’Souza v. Mohd. Ishfaq, (2009)...
The patient, Srimoyee Basu, had been experiencing swelling in her right gluteal region since 2000. Initially diagnosed as neurofibroma, the condition was later identified as an arteriovenous malformation (AVM) in 2014. Dr. Chatterjee recommended a vascular embolization procedure, which was performed on September 16, 2015, at Nightingale Hospital. During the procedure, a small amount of N-Butyl...
The Andhra Pradesh High Court has held that an award rendered by a Lok Adalat in a criminal proceeding pertaining to the dishonour of a cheque under Section 138 of the Negotiable Instruments Act is amenable to execution before a civil court, by virtue...
The complainant's father consulted the opposite party, a doctor, for treatment of his daughter’s mildly protruding and uneven upper teeth. It was only later that he realized such cases fall under the expertise of orthodontists. Although not qualified as an orthodontist, the doctor initiated the treatment without adhering to the standard protocols required for teeth alignment. The complainant contended that a referral to an orthodontic specialist should have been made, as such professionals typically carry out a detailed diagnostic process, including x-rays and dental impressions, before starting any treatment. A complaint was lodged with the District Commission, which ruled in...
Supreme Court’s Findings:
The Supreme Court held that charging Dr. Mohan under Section 304 Part I IPC (culpable homicide not amounting to murder) for a patient’s death caused after a nurse administered an injection based on his telephonic instructions was legally unsustainable. Instead, the Court ruled that the matter constituted medical negligence, if anything, and should be tried under Section 304A IPC (causing death by negligence).
Key Points:
No intent or knowledge was established to justify a culpable homicide charge.
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