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Criminal Negligence

S. 304 A IPC deals with criminal negligence.
  1. When a doctor shows gross absence of skill & care during the treatment by the act of omission or commission.
  2. When a doctor performs an illegal act. 
  3. When a assaulted person dies.
    1. Practically limited to cases in which patient has died.
    2. The doctor may be prosecuted by the police in a criminal court.
    3. The doctor can be punished with imprisonment up to 2 years.
    4. The doctor may be liable to both civil and criminal negligence by a single professional act i.e. in civil court for damage and in criminal court for assault/ punishment.
    5. E.G.   Amputation of wrong finger, or operation on wrong limb or wrong patient.
    6. Performing criminal abortion.
    7. Administration of wrong substance in to the eye causing loss of vision.

Difference between civil negligence and criminal negligence
 

 

CIVIL NEGLIGENCE

CRIMINAL NEGLIGENCE

OFFENCE

 

No clear and specific violation of the law need to be proved.

Must have specifically violated a criminal law in question.

NEGLIGENCE

 

Simple absence of care and skill.

Willful, gross or culpable.

CONDUCT OF PHYSICIAN

 

It is compared to a generally accepted simple standard of professional conduct.

Not a single test.

 

TRAIL BY

Civil court.

Criminal court.

CONSENT FOR ACT

Good defense

Not a defense.

PUNISHMENT

Liable to pay damage.

Imprisonment

DOUBLE JEOPARDY

 

Can be tried twice.

 

Cannot be tried twice for the same crime.






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