Professional Negligence (Malpraxis)

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.

B i.e. No fee for treatment charged

C i.e. Gross negligence

A/t recent supreme court judgement, doctor can be charged for medical negligence under section 304-A IPC (ie criminal negligence), only if he shows gross lack of competence/ skills, gross inattention, or inaction or recklessness or wanton (gross) indifference to the patient’s safety or gross negligenceQ

Ans. 304-A IPC

Ans. Gross negligence

Ans. Patient

Ans. Avoidable consequence rule

Ans. Contributory negligence

Ans. Both doctor and patient

Ans. Civil negligence

Ans. National Consumer Commission

Ans. 2 years

Ans. is ‘c’ i.e., Criminal negligence

A gossypiboma (textilomaor cottonoid) refers to a foreign object, such as a mass of cotton matrix or a sponge, that is left behind in a body cavity during an operation. It is an uncommon surgical complication.

Leaving a piece of gauze piece or abdominal sponge in the body is an act of criminal negligence. In such cases Resp Ipsa Loquitar(fact speaks for itself) applies. Generally the innocence of doctor is assumed and patient has to establish the guilt. However, it is not required to prove negligence in case where doctrine of resp ipsa loquitar applies; rather the doctor has to defend himself

Medical negligence act is covered under IPC Sec 304-A IPC.

Sec 304 A IPC pertains to “Causing death by negligence”. It is punishable up to 2 years. It is applied, usually, in any case of death due to a rash and negligent act, e.g. death caused by rash driving.

Ans. c. There is gross negligence

• A physician can be charged with criminal negligence in Section 304 A, when a patient dies from the effects of anesthesia during, an operation or other kind of treatment, if it can be proved that the death was the result if malicious intention, or gross negligence.
• “Section 304-A deals with criminal negligence. Criminal negligence occurs when the doctor shows gross lack of competence 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.”

Inadvertent Negligence (Accidental negligencel:

• Inadvertent negligence can be called simple negligence.
• In this case, the harm done is neither foreseen nor willed

Corporate Negligence:

• It occurs when a health care corporation failed to perform those duties, it owes directly to a patient or anyone else to whom it may extend.
• If such a duty is breached and patient is injured due to result of the breach, the organization can be held under the theory of corporate negligence.

Res Ipsa Loquitur:

• Latin meaning of phrase is-the things or facts speaks for itself.
• This rule is applied when the following conditions are satisfied:
• That in the absence of negligence the injury would not have occurred ordinarily.
• That doctor had exclusive control over injury producing instrument or treatment
• That the patient was not guilty of contributory negligence.