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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M. NAGAPRASANNA
Vikas M. Dev, S/o. Late Mr. M.C. Mahadeva – Appellant
Versus
Commissioner Of Police, Office Of The Commissioner Of Police Infantry Road, Bengaluru – Respondent
| Table of Content |
|---|
| 1. medical negligence involving patient care. (Para 3 , 4 , 5 , 6) |
| 2. arguments on medical negligence and procedural failures. (Para 7 , 8) |
| 3. guidelines on prosecuting medical negligence cases. (Para 10 , 11) |
| 4. consent and its significance in medical procedures. (Para 12 , 13 , 14 , 15 , 16) |
| 5. court's emphasis on dignity and accountability in medical negligence. (Para 17 , 18 , 19) |
| 6. final order to register fir and conduct investigation. (Para 20) |
ORDER :
(M. NAGAPRASANNA, J. )
The petitioner, bereaved and aggrieved, approaches this Court invoking its writ jurisdiction, seeking justice for a lamentable demise – the untimely death of his father, allegedly occasioned by medical negligence. In furtherance whereof, seeks the following prayer :
“A. Issue a writ of mandamus or any other writ, order or direction directing the respondents herein to conduct a preliminary enquiry into the complaints dated 18.06.2024 and 26-06-2024 preferred before the respondent Nos. 2 to 4 by the petitioner (Annexures ‘A1’ to ‘A3’) and thereby call for a medical report/ opinion from an independent expert body/authority as to the commission of medical negligence as detained in the said complaints,
Medical professionals must adhere strictly to consent protocols; deviations constitute negligence, justifying FIR registrations.
Medical negligence requires substantial expert evidence to warrant prosecution; mere allegations without solid proof are insufficient.
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.
Criminal proceedings against doctor quashed absent gross negligence proof and where inquiry report confirms no involvement in treatment; high threshold per established guidelines required for medical....
Criminal negligence in medical cases requires a higher degree of negligence than civil liability; sufficient prima facie evidence can justify prosecution without expert testimony.
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