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Supreme Court judgement on criminal medical negligence: a challenge to the profession

M R Hariharan Nair

DOI: 10.20529/IJME.2005.056


Abstract

The Supreme Court recently stated in Dr Jacob Mathew’s case that in order to make a doctor criminally responsible for the death of a patient, it must be established that there was negligence or incompetence on the doctor’s part which went beyond a mere question of compensation on the basis of civil liability. Criminal liability would arise only if the doctor did something in disregard of the life and safety of the patient. Certain directions have also been given in the case.

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