Anupriya
Asked September 07, 2013

Medical negligence : expired medicines

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If expired medicines are provided by a doctor what is the liability of the doctor and whether it will amount to criminal negligence or civil negligence?

Answer 1

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Anupama

In such a case, it is advisable to take recourse to civil remedy treating it as civil negligence, since criminal negligence i.e. under Section 304 A IPC, 1860,  is used in extreme cases where that patient dies due to the negligence of the doctor or the staff. Even in such extreme cases, it gets very difficult to prove criminal negliegnce since one of the prime essentials under criminal law is 'mens rea' i.e. guilty mind which is difficult to prove in a doctor-patient relationship. 

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