Back
SACHIN SHANKAR MAGADUM
Shyamala Bai – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT
1. The captioned petition is filed under Sec. 482 of Cr.P.C. by the doctors, who are arraigned as accused Nos.1 to 3, seeking quashing of the proceedings pending in C.C.No.1290/2016 for offences punishable under Ss. 338, 201, 420, 468, 471, 120(B) read with Sec. 34 of IPC.
2. The facts leading to the case are as under: The second respondent who is the de-facto complainant lodged a complaint with the Basavanagudi Police Station alleging that petitioners herein are guilty of medical negligence and a crime came to be registered in Cr.No.139/2014 for the aforesaid offences. Respondent No.2 alleged that petitioners and the management of Vivekananda Maternity Hospital, have not followed the standard protocol and the guidelines while treating Smt. Asma Kousar who was admitted on 30/10/2011 with a complaint of back ache and leaking per vaginum. Pursuant to the registration of the crime, the Investigating Officer has filed the charge sheet and the Court below has taken cognizance.
3. The learned counsel appearing for the petitioners-accused would vehemently argue and contend that even if material on record in the form of charge sheet is accepted in entirety, no case of negligence is
Medical professionals cannot be prosecuted for negligence unless there is gross negligence established through expert opinion; mere errors or lack of consent do not suffice.
To initiate legal proceedings against a medical professional for negligence, there must be a competent expert opinion confirming a prima facie case of negligence, following procedural mandates.
The main legal point established in the judgment is that expert opinion in cases of medical negligence should be obtained from authorized sources, and the absence of a prima facie case of medical neg....
Criminal prosecution for medical negligence requires evidence of gross negligence, not merely attendance during emergencies, and must be substantiated with expert testimony.
Cognizance of medical negligence cannot proceed without prima facie expert opinion as per established legal standards, emphasizing the need for significant evidence to substantiate claims of gross ne....
A negative final report does not bar further investigation and prosecution in cases of medical negligence requires substantial expert evidence.
The main legal point established in the judgment is the requirement of expert medical opinion in cases of alleged medical negligence and the need for a high degree of negligence to establish criminal....
The court emphasized the requirement of gross negligence and high recklessness to fasten criminal liability on doctors.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
