Professional Documents
Culture Documents
Medical Negligence: Civil V Criminal Issue Settles
Medical Negligence: Civil V Criminal Issue Settles
Settles
B.D. GUPTA
M.B.B.S., M.D.
Prof & Head,
Forensic Medicine
M.P. Shah Medical College, Jamnagar
Gujarat, India
The Consumer Protection Act, 1986
3) consequential damage.
Vice versa
No guarantee is given
Cases referred to by the Bench
The IPC enacted as far back as in the year 1860 sets out a
few vocal examples in S 88, 92 and 93 for all to see.
Section 88 in the Chapter on General Exceptions provides
exemption for acts not intended to cause death, done by consent in
good faith for person’s benefit.
Section 92 provides for exemption for acts done in good faith for
the benefit of a person without his consent thought the acts cause
harm to a person and that person has not consented to suffer such
harm.
In these cases the culprits were few and the victims were multiple;
as against this in a case of patient -physician relationship
commonly it one physician (culprit) one victim or in reverse more
physicians (culprits) and one victim.
The situation with physicians is unique.
State contests the case. The sufferer cannot have his own lawyer
(his lawyer can only assist to the Govt. pleader, the grieved family
commonly does not have any say in his appointment).
It is cheap.
The victim has a say in it. That is the victim can have his own
lawyer or expert representing his case.