Jacob Mathew v State of Punjab (2005)
Facts.
A doctor was prosecuted under s.304A when a patient died allegedly for want of an oxygen cylinder.
Issue.
What degree of negligence makes a doctor criminally liable?
Held.
Only gross negligence or recklessness makes a professional criminally liable; a mere error of judgment or the ordinary risk of treatment is not enough. Guidelines were laid down to protect doctors from casual prosecution.
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