IPC 304 A only applicable when doctors commit rash or negligent act: Kerala HC relief
Quashing the criminal proceedings against a doctor under Section 304 A of the Indian Penal Code, 1860, the Kerala High Court recently observed that a medical practitioner would only be liable under this section if he had committed a rash or negligent act that resulted in the patient's death.
"The law is thus well laid down that a medical practitioner can be prosecuted for medical negligence only if the procedure/treatment adopted by him is contrary to the general and approved practice. Moreover, for attracting the offence under Section 304A, the doctor should have committed a rash or negligent act," observed the HC bench comprising Justice V.G. Arun.
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IPC 304 A only applicable when doctors commit rash or negligent act: HC relief to doctor
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