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SUBHENDU SAMANTA
Nilanjan Indu – Appellant
Versus
Madhab Chandra Mitra – Respondent
JUDGMENT :
Subhendu Samanta, J.
1. This is an application u/s 428 of the Code of Criminal Procedure for quashing the proceeding of a complaint case No. C-33 of 2015 corresponding to TOR 113 of 2015 u/s 304A of the IPC, pending before the Learned Judicial Magistrate, 6th Court Sealdah.
2. Factual Matrix:
The wife of the Opposite party Susmita Mitter was diagnosis with cancer in her ovaries in the year 2012. The patient was operated by Dr. Subhankar Deb, at Apollo Gleneagles Hospital, Calcutta on 24.02.2012. In the month of June, 2013 Cancerous growth recurred and the patient was again admitted to the said hospital under Dr. P.N. Mahapatra (medical oncologist)– chemo therapy was administered upon her. On 20.07.2014 the patient was finally admitted at surgical ICU Unit under Dr. P.N. Mahapatra and Dr. Subhankar Deb of Apollo Gleneagles Hospital her health held deteriorated from the end of April 2014. Thereafter echo screening was done and it was decided to remove Chemo part from the patient. Surgery held on 29.07.2014 (evening), Dr. Subhankar Deb performed operation at O.T. of Apollo Gleneagles Hospital. On 30.07.2014 at about 09.15.a.m. the patient suffered cardiac Arrest and CPR was adm
The main legal point established in the judgment is the requirement of 'gross negligence' to establish an offence under Section 304A of the Indian Penal Code in cases of medical malpractice.
Criminal prosecution for medical negligence requires evidence of gross negligence, not merely attendance during emergencies, and must be substantiated with expert testimony.
Medical negligence accusations must be substantiated by clear evidence; mere allegations, without expert consensus on negligence, are insufficient for criminal liability.
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 court emphasized the requirement of gross negligence and high recklessness to fasten criminal liability on doctors.
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 liability under IPC 304-A for medical negligence requires prima facie gross negligence by ordinary competent doctor standard; no prosecution without material proving rash act, as simple erro....
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