Department of Forensic Medicine & Toxicology, Guru Gobind Singh Medical College Faridkot (Punjab)
In a land mark historical judgment the Hon,ble Supreme Court has ruled that doctors should not be held criminally responsible unless there is prime facie evidence before the Court in the form of a credible opinion from another competent doctor, preferably a Government doctor in the same field of medicine supporting the charges of a rash and negligent act. It is a laudable judgment in the light of criminal procedures filed against the medical professionals in trivial cases under Section 304-A and even 304 IPC where prima-facie there seems to be no neglect in these medical treatments.
Negligence, damage, rashness, criminal law, mens rea, recklessness, res ipsa loquitur, Ex abundanti cautela, cognizance, harassment, Statuary, Bolam's test, misadventure
