Kind Attn Dr Ram: Provisions under IPC for negligence and the escape route

[Guest guest]

Dear Dr Ram Charitra Sah:

Thanks again for your valuable comments. The posts relating to Medical

Negligence are a part and parcel of the main discussion on " What does RTI mean

for the patients " . These posts were made only to enhance awareness about the

other rights of patients related to the " right to information " .

Only when a patient is aware of all the rights guarenteed to him by the law of

the land can he make an appropriate use of RTI Act. We will be exclusively

discussing RTI Act, 2005 alongwith case reports for the remaining two days of

this discussion.

Meanwhile I am writing a post on the deficiencies in our legal system that

occasionally pave for the offenders to go scot free. Your continued

participation is solicited.

With Regards

Dr Geer M Ishaq

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> From: Dr Geer M Ishaq <ishaqgeer@...>

> Subject: Provisions under IPC for negligence and the escape route

> netrum

> Received: Monday, 4 July, 2011, 2:56 AM

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> Dear Members:

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> I wish to draw your kind attention towards Section 304-A of the Indian Penal

Code, 1860 which stipulates a term of two year imprisonment with fine or both

for criminal medical negligence wherein death of a person is caused by some rash

or negligent act. There is a provision of arrest too.

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> Sections 337 and 338 of IPC on the other hand cover serious injury excepting

death wherein there is no provision of arrest.

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> However usually these cases fail in the court of law when the erring physician

proves under section 80 of IPC that whatever happened to the patient has

happened as a result of some accident or misfortune.

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> There is another escape route provided under section 88 of IPC wherein a

doctor can prove that the (negligent) act was unintentional and done in good

faith.

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> Your comments are solicited on this.

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> With Regards

> Dr Geer M Ishaq

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