International Journal of Medical Toxicology & Legal Medicine
  • Year: 2004
  • Volume: 7
  • Issue: 1

Supreme court judgement on medical negligence: Scenario before and after

  • Author:
  • O.P. Murty
  • Total Page Count: 6
  • Page Number: 1 to 6

Forensic medicine and Toxicology, All india institute of Medical Sciences, New Delhi, 110029

Abstract

Doctors cannot be held criminailly responsibie for death hiring operation or treatment. On 5th August 2004 Indian Supreme Court delivered a landmark verdict that doctors cannot be prosecuted under criminal act if some mishap occur during discharge of their duties. After this judgement doctors can be sued only, for compensation, not for criminal act as done earlier. This judgement was delivered on one of the autopsy conducted by the author in 1994. The details of the cases and decisions there after are discussed here.

Keywords

Medical Negligence, Supreme Court of India, Medical Profession, Civil Negligence