Medical negligence matter doctor acquitted how to proceed legally

700 votes

Hello, action against the doctor on the basis of report and medical negligence, Negligence is predominantly a theory of liability concerning allegations of medical malpractice, making this type of litigation part of the Tort Law. Indian Penal Code sections 52, 88, 90, 91, 92 304-A, contain the law of medical malpractice in India. Please revert back if possible, because without knowing the actual facts, proper legal advice is not possible.
Jayatee Chatterjee

Advocate Jayatee Chatterjee LawRato

635 votes

Case of Medical Negligence by the doctor is covered under the law of torts. In tort the sufferer is required to show that the incident unusual append due to the latches on the part of the doctor. If the sufferer does its part then it is upto the doctor prove his case. Now there are various citations by Hon'ble Supreme Court with regard to cases of Medical Negligence where the view is that once the negligence is proved the sufferer is to be compensated. The question relates to acquittal but it is not clear as to what type of case was it? It may be a civil or consumer case praying compensation, on the other hand it might be a criminal case praying for punishment. Degree of evidence is different in all three types of cases.

Advocate Goutam Bhol LawRato