In a judgment that would relieve the entire medical fraternity, the Supreme Court has ruled that if a patient dies due to an error of judgement committed by the doctor, then he is not criminally liable though could have to pay damages.
This judgment was given by a bench comprising Justice Y K Sabharwal and Justice D M Dharmadhikari while quashing criminal proceedings against a plastic surgeon who faced trial for criminal charges for causing death of a person who had wanted to remove a minor deformity in his nose.
The bench said for fixing criminal liability on a doctor or surgeon, the standard of negligence required to be proved should be so high as could be described as 'gross negligence' or 'reckless'.
"It is not merely lack of necessary care, attention and skill," the bench said. "When a patient agrees to go for medical treatment or surgical operation, every careless act of the medical man cannot be termed as 'criminal'."
Justice Dharmadhikari, writing for the bench, said it could be termed 'criminal' only when the medical man exhibited a gross lack of competence or inaction and wanton indifference to his patient's safety and which is found to have arisen from gross ignorance or gross negligence.
"Where a patient's death results merely from error of judgement or an accident, no criminal liability should be attached to it," the Supreme Court said.
"Mere inadvertence or some degree of want of adequate care and caution might create civil liability but would not suffice to hold him criminally liable," it added.