Recent scenario of criminal negligence in india doctor, community & apex court.

ABSTRACT

The subject of "criminal negligence by doctors" is always a complex matter for medical fraternity and a great challenge before judiciary. In recent years, sudden spurt of cases of "negligence" (about 20000 a year as estimated by the IMA) and decision of two Judges Bench of SC in Dr. Suresh Gupta vs. Govt. of NCT of Delhi, on 4th August 2004, and another decision by three Judges Bench of Apex Court, exactly after one year i.e. on August 5, 2005 in an appeal filed by Dr. Jacob Mathew of CMC, Ludhiana, Punjab, raises a fresh debate and gives an opportunity to medical fraternity for introspection about implementation of medical ethics, update of knowledge and enhancement of skill, but not an immunity against filing of 'criminal negligence suits' against them. This paper deals with recent scenario of "Criminal Negligence" in India, its impact on medical fraternity, law-enforcing agencies and in large on community and applicability of SC's Guidelines of 2005 for registration of cases u/s 304-A IPC against doctors in case of death of patient during treatment.