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SANJAY PRASAD
S. B. Choudhary @ Shashi Bhushan Choudhary – Appellant
Versus
State of Jharkhand – Respondent
ORDER :
Sanjay Prasad, J.
This Criminal Revision Petition has been filed on behalf of the petitioner challenging the order dated 22.4.2019 passed by Shri Pawan Kumar, learned Judicial Magistrate, Ist Class, Giridih in connection with Giridih Town P.S. Case No.286 of 2009, corresponding to G.R.No. 2208 of 2009, T.R. No. 1097 of 2019, by which the petition filed on behalf of the petitioner under Section 258 of the Cr.P.C. has been rejected.
2. The prosecution case, in brief, is that the informant-Shashi Jaiswal, w/o of Late Kamleshwari Prasad had given Fardbayan before the Officer-in-Charge on 15.10.2009 stating before him that her husband was suffering from abscess in the thumb of his right leg and for which on 07.10.2009 he came for treatment at the Private Clinic of Dr. Shashi Bhushan Choudhary, i.e. the petitioner and the doctor had operated her husband and on the instruction of the doctor she brought her husband to their house. She used to come for dressing to the doctor on alternate days. However, on 15.10.2009, while she came to the clinic of the doctor along with her husband at around 11 a.m. in the morning, then Dr. Choudhary had taken her husband to the ‘Operation Theatre’ for
Criminal liability for medical negligence requires proof of a higher degree of negligence than mere error of judgment, as established in Jacob Mathew v. State of Punjab.
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, gross negligence or recklessness must be established, along with a violation of duty by the medical professional, necessitating a trial.
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.
Medical negligence accusations must be substantiated by clear evidence; mere allegations, without expert consensus on negligence, are insufficient for criminal liability.
Criminal prosecution for medical negligence requires evidence of gross negligence, not merely attendance during emergencies, and must be substantiated with expert testimony.
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....
Criminal liability for medical negligence requires a clear causal connection between the negligent act and the patient's death, which was not proven in this case.
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