In the recent case of Mahadev Prasad Kaushik (Dr) v State of UP, the Supreme Court said prosecuting doctors without adequate evidence of their negligence would be a disservice to the community at large.
The bench partly allowed an appeal filed by Kaushik, a doctor who challenged the summons issued by a trial court to prosecute him under section 304 (culpable homicide not amounting to murder) of the Indian Penal Code (IPC) in connection with the death of a patient. Section 304 of the IPC carries a maximum jail sentence of 10 years.
Concerned with the relationship of confidence between a patient and a doctor, the court said such actions would shake the mutual confidence between a doctor and his or her patient.
You must be a
subscribersubscribersubscribersubscriber
to read this content, please
subscribesubscribesubscribesubscribe
today.
For group subscribers, please click here to access.
Interested in group subscription? Please contact us.
你需要登录去解锁本文内容。欢迎注册账号。如果想阅读月刊所有文章,欢迎成为我们的订阅会员成为我们的订阅会员。
The update of court judgments is compiled by Bhasin & Co, Advocates, a corporate law firm based in New Delhi. The authors can be contacted at lbhasin@vsnl.com. Readers should not act on the basis of this information without seeking professional legal advice.