Medical Negligence: Civil Vs Criminal; Issue Settles

The public, patients, and the press including visual media have become aware of the Consumer Protection Act, 1986, with this came the issues of not only civil negligence but criminal negligence also. In one such case the first information report was lodged under S 304A of IPC against a doctor. The matter went to the two-judge Bench of the Supreme Court (SC) and the Court quashed the prosecution. Further the opinion was called for consideration by a Bench of three judges. In this relation are discussed the various issues of tort, crime, medical profession, guidelines in relation to negligence.