Criminal Prosecution of Doctors: Law and Case Study Analysis

Author(s)	S RADHA PYARI
Country	India
Abstract	Speaking for Indian context, Criminal Prosecution of Doctors constitutes relatively a smaller volume of ever growing and multiplying medical litigation. Medical negligence liability cases entail dominant percentage in medical litigation in addition to other violations like informed consent, breach of confidentiality and other statutory violations under applicable subject matter specific legislations. In the ambit of medical negligence, our contextual experience reveals prosecution of doctors under offences like Negligent Homicide (S. 304-A), Voluntarily Causing Hurt (S.337), Voluntarily Causing Grievous Hurt (S.338) of Indian Penal Code, 1860. The crucial issue in this respect is, how and on what basis the Doctor can be subjected to criminal prosecution and whether there is any guidance for the Investigating Officer to comply with the same? In view of umpteen instances of harassment meted out to various doctors in different parts of India, Hon’ble Supreme Court of India pronounced detailed guidelines with a view to protect the interests of the doctors and to render the process of prosecution of doctors more transparent and objective. This Article analyses the protocol in the light of select case studies and concludes with certain practical suggestions.
Published In	Volume 5, Issue 4, July-August 2023
Published On	2023-07-17
DOI	https://doi.org/10.36948/ijfmr.2023.v05i04.4407
Short DOI	https://doi.org/gshm9p

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