LawRato

304A Medical Negligence Ruling: Doctor's Absence


28-Aug-2024 (In Criminal Law)
A doctor performed a cesarean but patient died due to cardiac arrest on 3rd day. Doctor left town on 2nd day but was reachable by phone and suggested treatment. The patient was monitored by GNM staff and doctors unaffiliated to hospital. Despite no evidence of improper treatment found by the medical board, the court found the doctor negligent for not appointing another doctor in her absence. Was this ruling justified given her availability and the nursing staff's care?
Answers (2)

Answer #1
662 votes
Hale you can file a criminal complaint against that person nearby police station regarding the incident and do not waste time filing a complaint against that person if you need further guidance you can call us we will guide you properly
Helpful? LawRato LawRato
Advocate Ajay Sharma

Adv. Ajay Sharma

LawRato Jaipur | 25+ Answers
Chat with Advocate Ajay Sharma Chat 
Answer #2
980 votes
The legal position is almost firmly established that where a patient dies due to the negligent medical treatment of the doctor, the doctor can be made liable in civil law for paying compensation and damages in tort and at the same time, if the degree of negligence is so gross and his act was reckless as to endanger the life of the patient, he would also be made criminally liable for offence under Section 304A of IPC.
Helpful? LawRato LawRato
Advocate Meenakshi Mathur

Adv. Meenakshi Mathur

LawRatoUdaipur | 25+ Answers
Chat with Advocate Meenakshi Mathur Chat 

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Connect with top Criminal lawyers for your specific legal issue
Connect with a Lawyer
Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

All Answers

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

LawRato