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SANDEEP KUMAR
Naveen Kumar – Appellant
Versus
State of Bihar – Respondent
Sandeep Kumar, J.—This application has been filed by the petitioner for quashing of the F.I.R. vide Khajekalan P.S. Case No. 29 of 2015 registered for the offence under Section 304 of the Indian Penal Code.
2. As per the F.I.R. on 17.02.2015 the cousin brother of the informant met with an accident and was taken to Adarsh Orthopedic Centre, which belongs to the petitioner. Upon examination, the petitioner said that the patient had fracture in his right hand. After applying temporary plaster upon his right hand and asked the patient to come back on 18.02.2015 for surgery. It is alleged that on the next day, the cousin brother of the informant was taken to the operation theater and was administered local anesthesia without calling the anesthetist. The patient was kept in operation for next three hours and then without performing the surgery, the petitioner came out of the operation theater and left his clinic and went to Rajeshwar Hospital. When his family member enquired, the petitioner said that the patient had gone into deep coma and is unconscious and thus, suggested them to admit the patient in Rajeshwar Hospital. It is also alleged that the informant saw his cousin’s face was pal
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....
Competent medical opinion is necessary in cases of medical negligence, and the court emphasized the need for care and caution in the interest of society when prosecuting doctors for offenses of crimi....
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.
The main legal point established in the judgment is the requirement for a preliminary enquiry in cases of medical negligence, the need for caution in prosecuting doctors, and the seriousness of summo....
For criminal liability under Section 304-A IPC in cases of medical negligence, there must be gross negligence proven by credible medical evidence; mere allegations without such evidence are insuffici....
Criminal negligence requires substantial proof of gross negligence; mere allegations do not suffice for prosecution under IPC, particularly in medical cases.
Medical negligence accusations must be substantiated by clear evidence; mere allegations, without expert consensus on negligence, are insufficient for criminal liability.
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