Can A Hospital Commit Criminal Negligence?

Criminal complaints are being filed against doctors alleging commission of offences punishable under Section 304A or Sections 336/337/338 of the IPC alleging rashness or negligence on the part of the doctors resulting in loss of life or injury (of varying degree) to the patient. The offence of criminal negligence requires a specific state of mind in respect of the person committing the offence. The offence of medical criminal negligence cannot be fastened on the Hospital/Company since the Company can neither treat nor operate a patient of its own. It is the Doctor working in the Hospital/Company who examines, treats prescribes medicines & performs operations. If there is a deliberate or negligent act of the Doctor working in the Corporation/Hospital, it is the liability of the Doctor and not of the Corporation for criminal negligence despite the fact that due to the act of the Doctor of treating patients the Corporation was getting some revenue.

This paper deals with critical review of recent judgment of the Delhi High Court pronounced on August 2, 2010 on the issue of criminal negligence by the Company or doctor.