“The Supreme Court yesterday held that the Damoclesâ€™ sword of criminal prosecution should not be hanging constantly over medical practitionersâ€™ head by making them liable for every instance of negligence.”
â€œA simple lack of care, an error of judgment or an accident, is not proof of negligence on the part of a medical professional,â€¿
“To prosecute a medical professional for negligence under criminal law it must be shown that the accused did something or failed to do something which in the given facts and circumstances no medical professional in his ordinary senses and prudence would have done or failed to do.â€¿
The appeal was filed by a Ludhiana Doctor, whose prosecution order was quashed and the above principles were laid down to be followed by the lower court.
Update: Also read related article in Times of India dated 10 August