304 A should be applied only when medical negligence is gross: Calcutta High Court
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Rise of Medical Negligence cases, with their criminal as well as civil liabilities, have indeed created an environment of fear among the medical professionals. With the medical negligence cases considered as a criminal act under the relevant section of IPC creates a greater terror that prevent many professionals from taking any difficult cases in hand.
In particular, one such section that creates jitters amoung doctors is 304A of the IPC. The section deals with causing death by negligence.—Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Recently, the Calcutta High Court, in a judgement on 20/07/2016, while ruling in favour of medical professionals made some very important observations regarding the applicability of section 304A on medical professionals. In particular, the hon'ble court was found stating that
In particular, one such section that creates jitters amoung doctors is 304A of the IPC. The section deals with causing death by negligence.—Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Recently, the Calcutta High Court, in a judgement on 20/07/2016, while ruling in favour of medical professionals made some very important observations regarding the applicability of section 304A on medical professionals. In particular, the hon'ble court was found stating that
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