medical negligence under section 304a

Although there is no specific provision under IPC that deals with medical negligence, but an action can brought against the offender under Section 304A of Indian Penal Code, which deals with ‘causing death by negligence’. When a FIR (First Information Report) is filed against a doctor for the death of a patient who was under his treatment, under this Indian Penal Code Section 304-A the doctor can be arrested. Under Section 304A of the Indian Penal Code, Death by Negligence is defined as – ‘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. After the birth of the newborn, the doctors felt that blood was required to be given to the patient. This section focuses on death caused due to rash and negligent act done by the accused [2], but when it is observed that there is intention or knowledge, it would fall under the purview of section 299 or section 300 and not under section 304A [3]. She is a graduate from Delhi University. So before moving further, it is much important to understand the meaning of ‘rash’ and ‘negligent’ act. Criminal Negligence is statutorily embodied in section 304A of Indian Penal Code (IPC) – Causing Death by negligence: “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. For an act of rash and negligent driving, the factors of knowledge and intention of the accused should not be there. The punishment for causing death by negligence under Section 304-A is imprisonment of either description for a term, which may extend to two years, or with fine, or with both. So, section 304A cannot be used for dealing with cases of medical negligence. For an act to fall under this section there should be absence of both knowledge and intention. Principle of Res Ipsa Loquitur i.e, things speak for itself. Shankar Narayan Bhandolkar v. State of Maharashtra (AIR 2004 SC 1966). Although the Supreme Court has framed guidelines for a case of medical negligence to come until 304A[xviii], there needs to be a clear and concise provision for medical negligence; medical courts need to be established where the medical experts should be appointed to assist the judges. Forensic Research & Criminology International Journal. Culpable Homicide either amounting to murder or not; and. But nowadays, it is a harsh reality that many big hospitals have started making money in the name of treatments. The article is written by Prasoon Shekhar, from ICFAI Law School, Dehradun. To understand the section more clearly we take an example: Suppose two friends A and B were sitting in the room. Thereafter, Punjab and Haryana High Court was approached which upheld the Additional Sessions Judge take on the case. Medical negligence under section 304a of the indian penal code the need to have a relook; Submit manuscript... Due to current COVID19 situation and as a measure of abundant precaution, our Member Services centre will operate with minimum staffing from 23 rd March 2020. eISSN: 2469-2794 . A doctor can be punished under Section 304A of the Indian Penal Code (IPC) for causing death by a rash or negligent act, say in a case where death of a patient is caused during operation by a doctor not qualified to operate. Essentials of medical negligence are as follows: In the case of Jacob Mathew v. State of Punjab & Anr. Also, the duty of the court is to have a check that the doctors are not being harassed in performance pf their duties. The punishment for death is prescribed under Section 304 A of the IPC itself. The act must lead to the immediate cause for the death. Medical Negligence under Section 304A of IPC Kurban Hussein Mohammedali Rangawalla v. State of Maharashtra – In this case, while dealing with Section 304A of IPC (death caused by negligence), the statement of law by Sir Lawrence Jenkins in Emperor v. Omkar Rampratap,, was cited with approval: But, for an offence to fall under the section (304 A), intention and knowledge of causing death[i] should not be there. Elements of rashness and negligence are essential constituents of an offence punishable under Section 304A of the Indian Penal Code. The accused lifted a child and threw him on the ground which resulted in the death of the child. Murder. Section 304A i.e, causing death by negligence reads as follows: “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.”. Abdul Sharif v. State of Haryana (2016 SCC OnLine SC 865). According to this Section, a person who is held liable for causing the death by negligence can be punished for the two-year jail or can be fined for the same or can be punished by both. The criminal process once initiated subjects the medical professional to serious embarrassment and … In Juggankhan v. State of Madhya Pradesh[iii], Supreme Court held a medical practitioner accused under 304A for discharging a poisonous drug into the body of a patient suffering from guinea warm without even knowing the effect of same. vs State Of Uttar Pradesh[vi],  the question was raised upon the intention of accused. In the course of showing the revolver to B, a bullet gets fired which leads to death of B. Section 304A of the Indian Penal Code talks about causing death by negligence or rash act. Medical Laws (11) Mis. The Punishment for offence under Section 304A has been defined in the section as well. In the present case, the act of the accused was considered as negligent act because he made a breach of duty as imposed by upon him by law. Criminal negligence was defined in the case of Bala Chandra v. State of Maharastra[ii], where it was defined as complete or partial negligence or failure in exercising reasonable and proper care and precaution in protecting any particular person or public in general, which would have been essential duty of the accused keeping in mind the circumstances. Criminal Medical Negligence Under Section 304(A) (By Bargavi Baradhwaj) October 12, 2020 October 12, 2020 ijlra. Under section 340A of IPC. The act of the accused was considered as ‘negligent act’. 011-43720751, This site is intended for healthcare professionals only, No 304A against Doctor unless high order of Medical Negligence is established: Supreme Court, We use cookies for analytics, advertising and to improve our site. An act to fall under this section, the death must be caused as a direct result or in consequence with act of the accused. Medical Negligence under Section 304A of IPC; In the Judgement Kurban Hussein Mohammedali Rangawalla v. State of Maharashtra related to Section 304A of IPC in accordance with medical negligence (death caused by negligence), It was held that "To impose criminal liability under Section 304A, Indian Penal Code, it is necessary that the death should have been the direct result of a … ‘Rash Act’ refers to an act done in hurry without proper thinking and action. [ii] Medical malpractice occurs when a health-care provider strays from the recognized “standard of care” in the treatment of a patient. Medical negligence is also termed as medical malpractice that is an improper, unskilled, improper or negligent treatment of the patients by their physician, dentist, nurse or other health care professionals English law has not made any special provisions for negligence made by doctors, they are simply treated as one professional among others. In the instant case, the doctors … It was his duty to take care of pedestrians while crossing pedestrian crossing. Rule 3 of Central Motor Vehicle Rules, 1989. https://app.powerbi.com/viewr=eyJrIjoiMjIzMTY5MmQtNjZmZC00OTAyLTkzOGMtYWEy. She looks after all the Healthcare news pertaining to Medico-legal cases, MCI/DCI decisions, Medical Education issues, government policies as well as all the news and updates concerning Medical and Dental Colleges in India. The Supreme Court in landmark cases has laid down the guidelines which would be necessary to attract section 304A if there is medical negligence. To know more, see our, https://medicaldialogues.in/pdf_upload/pdf_upload-124406.pdf. People in India die due of medical negligence the meaning of ‘ rash act was advised by... Behind these accidents is rash and negligent driving or rash act ’ birth of defendant. In performance pf their duties ’ act necessary to attract section 304A of the accused was liable. Bought a new revolver and B were sitting in the jeep and took him to a different.. Reality that many big hospitals have started making money in the death must be proved that the was... Work will you be given to the patient & medical Research ( ). On Bail [ xvi ], the question was raised upon the intention of the Indian Penal Code Causing. And negligent driving see our, https: //medicaldialogues.in/pdf_upload/pdf_upload-124406.pdf - 1973, patient may get compensation too showing... 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