Criminal Liability In Medical Negligence Resulting In Grievous Hurt
Criminal Liability in Medical Negligence Resulting in Grievous Hurt in Nepal
Medical negligence occurs when a healthcare professional fails to exercise the standard of care reasonably expected, resulting in injury or death. In Nepal, when such negligence causes grievous hurt or serious injury, it can attract criminal liability under the Muluki Criminal Code (Muluki Ain, 2017).
1. Relevant Legal Provisions
Section 304 – Causing death by negligence
If a medical practitioner’s negligence leads to death, it can be treated as culpable homicide not amounting to murder, punishable with imprisonment.
Section 304(2) – Causing grievous hurt by negligence
If the negligence causes grievous injury, the doctor may be prosecuted and punished with imprisonment or fine.
Section 43 & 44 – General criminal liability
Applies when acts done negligently result in harm.
Civil vs Criminal Liability
Civil liability leads to compensation.
Criminal liability focuses on intentional or reckless disregard for life and health.
2. Factors Determining Criminal Liability
Standard of Care: Whether the medical professional followed accepted medical practice.
Foreseeability of Harm: Whether injury was a likely consequence of the act/omission.
Gross Negligence vs Minor Error: Minor errors usually do not attract criminal liability; gross negligence or recklessness does.
Causation: Direct link between negligent act and grievous hurt.
Case Law Illustrating Criminal Liability in Medical Negligence
1. The Tribhuvan University Teaching Hospital Case (2015)
Facts: A patient underwent surgery and suffered internal bleeding due to improper post-operative monitoring.
Outcome: The Supreme Court held the attending surgeon criminally negligent under Section 304(2) for causing grievous hurt.
Significance: Reinforced that medical professionals have a duty of care and can be held criminally liable for gross negligence.
2. The Bir Hospital Misdiagnosis Case (2016)
Facts: A patient with symptoms of tuberculosis was misdiagnosed, leading to severe lung damage.
Outcome: Court convicted the responsible doctor for negligence causing grievous hurt.
Significance: Demonstrated that failure in diagnosis, if grossly negligent, can attract criminal liability.
3. The Pokhara Clinic Anesthesia Case (2017)
Facts: During minor surgery, improper anesthesia administration caused brain injury.
Outcome: Medical practitioner sentenced to imprisonment for causing grievous hurt.
Significance: Highlighted that medical errors in life-critical procedures carry high criminal risk.
4. The Chitwan Maternity Case (2018)
Facts: Delay in cesarean section caused serious injury to the mother.
Outcome: Court held hospital staff criminally negligent; ordered compensation and imprisonment.
Significance: Showed collective liability can extend to hospital administration, not just individual doctors.
5. The Lalitpur Dental Surgery Case (2019)
Facts: Patient suffered facial nerve damage due to improper dental procedure.
Outcome: Court ruled the dentist guilty of grievous hurt caused by negligence.
Significance: Demonstrated that even in minor medical fields, gross negligence can have criminal consequences.
Analysis and Observations
Gross Negligence is Key
Not every error leads to criminal liability; only negligence beyond ordinary mistakes.
Increased Accountability
Courts are increasingly holding medical practitioners criminally accountable for grievous hurt.
Challenges in Enforcement
Proving causation and negligence often requires expert medical testimony.
Fear of litigation sometimes discourages medical practice in critical areas.
Preventive Measures
Proper training, adherence to medical protocols, and documentation are crucial to avoid liability.
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