According to a recent Supreme Court Judgment, doctor can be charged for Medical Negligence under section 304-A, only if:
Ans is 'c' i.e. Gross negligence Ref: Reddy Forensic 28/e p34Section 304A: deals with causing death by negligence. The section states- "Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both "Section 304 A deals with criminal negligence. Criminal negligence occurs when the doctor shows gross lack of competence, or gross inattention or inaction, gross recklessness, or wanton indifference to the patient's safety, or gross negligence in the selection and application of remedies. It involves an extreme departure from the ordinary standard of care."A doctor will not be criminally liable if a patient dies due to an error of judgment or carelessness or want of due caution, though he can be liable to pay compensation." - Reddy ForensicMore on Medical negligence is described in Q no. 40 of May 2011
If he is from corporate hospital
If negligence is from inadvertent error
Gross negligence
Res Ipsa Loquitur
Medical Negligence