Asked December 30, 2016

Negligence of doctor

  • 1 Answer

If a doctor reaches the patient late can he be held liable criminally in case the patient die?

Answer 1

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If the doctor was busy with some other patient and doing some other work then it cannot be treated as Negligence. Moreover criminal negligence is used very cautiosly against doctors so that they do not get deterred from taking complicated cases. Section 304A of IPC deals with criminal negligence: 

[304A. Causing death by negligence.—Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.]

Agree Comment 0 Agrees over 4 years ago

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