Medical Negligence Causing Death
What is Medical Negligence?
Medical negligence occurs when a healthcare professional fails to provide the standard of care reasonably expected, resulting in harm or death to the patient.
It involves breach of duty by omission or commission, failure to diagnose, wrong treatment, or surgical errors.
Negligence must be established by proving:
Duty of care was owed.
Breach of that duty.
Causation linking breach to death.
Damages (death in this context).
Medical Negligence Causing Death
When negligence results in the death of a patient, it may attract criminal liability under IPC as well as civil liability.
The primary criminal provisions are:
Section 304A IPC – Causing death by negligence (punishment for rash and negligent acts not amounting to culpable homicide).
Section 336 IPC – Acts endangering life or personal safety of others.
Civil remedies include compensation claims under Consumer Protection Act or tort law.
Legal Principles in Medical Negligence
Courts rely on expert medical evidence to determine whether there was negligence.
Not every bad outcome amounts to negligence; an error in judgment or risk taken in treatment is not necessarily negligence.
The “Bolam Test” is often applied — whether the doctor acted in accordance with a practice accepted as proper by a responsible body of medical professionals.
Criminal negligence requires gross negligence or recklessness beyond mere errors.
Important Case Laws on Medical Negligence Causing Death
1. Dr. Laxman Balkrishna Joshi v. Dr. Trimbak Bapu Godbole AIR 1969 SC 128
Facts: Patient died after an operation; issue was negligence by the doctor.
Issue: Whether the doctor’s treatment was negligent.
Judgment: The Supreme Court applied the Bolam test and held that negligence must be established on expert medical evidence. The doctor was held not negligent as treatment conformed to accepted medical practice.
Significance: Laid down the Bolam principle for medical negligence cases.
2. Jacob Mathew v. State of Punjab (2005) 6 SCC 1
Facts: A patient died after treatment in a hospital; doctor was charged under Section 304A IPC.
Issue: Whether criminal liability can be fastened for medical negligence.
Judgment: The Supreme Court held that to establish criminal negligence, the negligence must be gross and reckless, not mere error of judgment.
Significance: Set the threshold for criminal negligence in medical cases.
3. Dr. Kunal Saha v. Dr. Sukumar Mukherjee & Ors. (2015) 6 SCC 665
Facts: Death of a patient due to alleged medical negligence.
Issue: Whether hospital and doctor liable for compensation.
Judgment: The Court held that hospitals have strict liability for negligence and emphasized the duty to maintain proper records and standard of care.
Significance: Reinforced liability in civil suits and importance of documentation.
4. C. R. P. S. Selvaraj v. Ramakrishnan (1999) 5 SCC 338
Facts: Patient died allegedly due to wrong dosage given by hospital.
Issue: Whether the hospital’s conduct amounted to negligence causing death.
Judgment: The Court held that the hospital was negligent and awarded compensation.
Significance: Hospitals can be held liable for medical negligence causing death.
5. R vs. Adomako (1995) 1 AC 171 (English case influencing Indian law)
Facts: An anesthetist’s negligence caused patient’s death.
Issue: Establishing criminal negligence in medical profession.
Judgment: Negligence amounting to criminal liability is “gross” negligence that no reasonable practitioner would have committed.
Significance: Influenced Indian courts in setting standards for criminal liability.
6. Martin F. D’Souza v. Mohd. Ishfaq (2009) 3 SCC 1
Facts: Patient died after surgery, claim of negligence.
Issue: Standard of care and negligence.
Judgment: Court reiterated that negligence must be proved on facts and expert evidence; mere death not proof of negligence.
Significance: Emphasized careful evaluation of evidence.
Summary Table: Medical Negligence Causing Death
| Aspect | Explanation |
|---|---|
| Definition | Breach of duty by medical professional causing death |
| Criminal Liability | Under Section 304A IPC – requires gross negligence |
| Civil Liability | Compensation claims under Consumer Protection Act or tort |
| Standard of Care | Bolam test – conformity with accepted medical practice |
| Proof Required | Expert medical evidence, causation, and damage |
| Punishment | Imprisonment, fine, compensation |
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