After the unexpected death of a 17 year old boy on the ward the relatives claimed that it is due to the negligence of doctor. According to recent ruling of supreme cou he is punishable under IPC 304 A only if there is:
A doctor is punishable under IPC 304 A if there is evidence of gross medical negligence / criminal negligence. According to this act, whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide shall be punished with imprisonment upto 2 years or with fine or both. Criminal negligence occurs when the doctor shows gross lack of competence or gross inattention or inaction, gross recklessness, or wanton difference to the patients safety or gross negligence in the selection and application of remedies.
Inadveent negligence
Negligence as per doctrine of res ipsa loquitor
Negligence in corporate hospital
Gross medical negligence