Legal Question in Medical Malpractice in India

I am a physician . police filed criminal case on me u/s 304A,420.,following complaint by patient father that I treated his son even after death to grab money. police have not taken independent medical opinion on the case before proceeding against me. case is running. in district court. PP argues that independent medical opinion pertains only to medical negligence not for sec420. I feel two sections are mutually incompatible. 304A, where there is deficiency in service, 420 : there is over zealous, prolonged , excess care. kindly advise. how can I defend. i put my honest efforts to save case. police demanded 2lac to compromise parties but filed case when I denied to pay dishonestly


Asked on 7/23/14, 2:07 pm

1 Answer from Attorneys
Santosh Goswami,Advocate sure shot legal

Yes, your idea of incompatibility is correct. There can't be both negligence as well as cheating and you may take advantage of. But without seeing the FIR and other documents, further suggestion will not be proper. I can only say you that medical negligence and negligence in general under IPC are quite different. The onus to proof medical negligence is tough otherwise doctors can't be expected to run the practice. So, you have to fair chance to defend yourself. Rest can be discussed.

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Answered on 7/25/14, 12:11 am


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