Back
IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
G.S.Ahluwalia
Nitin Sharma – Appellant
Versus
Mohan Yadav Mukhymantri The State Of Madhya Pradesh – Respondent
ORDER :
G. S. Ahluwalia, J.
This petition under Article 226 of the Constitution of India has been filed seeking the following reliefs:-
2. It is submitted by petitioner himself that brother of petitioner is a handicapped person and as B.P. Stent which was installed inside the body of brother of petitioner had stopped working, therefore, he took his brother to Kamla Raja Government Hospital, Gwalior. Accordingly, he was admitted on 27.12.2023. Since condition of his brother was deteriorating, therefore, he was referred to Neuro Surgery Department. Dr. Anand Sharma who was posted in Neuro Surgery Department suggested the petitioner to admit his brother in a private hospital. Since financial condition of petitioner is not good, therefore, he did not admit his brother in a private hospital. However, Dr. Aditya Shrivastava and Dr. Avinash Sharma refused to admit his brother in the Neuro Surgery Department and also suggested that petitioner should take his brother to a private hospital. Accordingly, under compulsion, petitioner got his brother admitted in Jay Arogya Hospital, Gwalior in general surgery department. It is alleged that during the admission of his brother in Neury Surgery Depar
Negligence allegations against medical professionals require expert opinion before any FIR can be registered, as per guidelines established by the Supreme Court.
Medical negligence requires substantial expert evidence to warrant prosecution; mere allegations without solid proof are insufficient.
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.
Criminal prosecution for medical negligence requires evidence of gross negligence, not merely attendance during emergencies, and must be substantiated with expert testimony.
Criminal negligence requires substantial proof of gross negligence; mere allegations do not suffice for prosecution under IPC, particularly in medical cases.
To establish criminal negligence against medical professionals, evidence of gross negligence is essential. Mere errors in judgment are insufficient for prosecution.
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
