Gujarat HC upholds criminal prosecution of 2 orthopaedic surgeons, says patient consent doesn't cover negligence
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Upholding the criminal prosecution of 2 orthopaedic surgeons, the Gujarat High Court observed that a patient's consent for surgery cannot be stretched to cover the doctor's negligent and reckless acts.
The case concerned an IAS officerwho filed a criminal complaint with the local magisterial court alleging that his left leg got shorter following surgery on his injured hip. The officer sought the prosecution of the two doctors under Section 338 of IPC for causing grievous hurt by rash and negligent acts that endanger life.
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