Medical Negligence Lawyers / Advocates in Delhi
Here’s a detailed overview of medical negligence laws in India under Bharatiya Nyaya Sanhita (BNS), Criminal Procedure Code (CrPC), Civil Procedure Code (CPC), and landmark judgments:
1. Medical Negligence Laws Under Bharatiya Nyaya Sanhita (BNS), 2023
(Replaced the IPC from July 1, 2024)
| BNS Section | Offense | Punishment |
|---|---|---|
| Sec 106 | Causing death due to negligence, including medical negligence | Up to 5 years imprisonment and fine |
| Sec 107 | Causing grievous hurt due to rash/negligent act (serious injury in surgery, misdiagnosis, etc.) | Up to 3 years imprisonment |
| Sec 120 | Endangering human life by rash/negligent act | Up to 2 years imprisonment and/or fine |
| Sec 112 | Death due to rash/negligent act in hospital | Up to 10 years imprisonment |
2. Medical Negligence Laws Under CrPC (Now BNSS, 2023)
(Criminal Procedure Code is replaced by Bharatiya Nagarik Suraksha Sanhita, 2023)
| CrPC / BNSS Section | Provision |
|---|---|
| Sec 154 | FIR can be registered against a negligent doctor/hospital |
| Sec 41A | Police must issue a notice before arresting a doctor in negligence cases |
| Sec 197 | Protection for doctors: No direct prosecution without government approval |
| Sec 357 | Compensation for victims of medical negligence |
3. Medical Negligence Laws Under CPC (Civil Procedure Code), 1908
(For Compensation & Civil Remedies)
| CPC Provision | Purpose |
|---|---|
| Order 7, Rule 1 | Patients can file a civil suit for compensation |
| Order 39, Rule 1 & 2 | Courts can pass interim injunctions against doctors/hospitals |
| Section 9 | Civil courts have jurisdiction over negligence cases |
| Section 26 | Filing of civil suit against hospitals for damages |
4. Medical Negligence Under Consumer Protection Act, 2019
Patients can file complaints under Consumer Protection Act for “Deficiency in Service”:
- District Consumer Commission – Cases up to ₹50 lakh
- State Consumer Commission – Cases between ₹50 lakh – ₹2 crore
- National Consumer Commission – Cases above ₹2 crore
5. Landmark Judgments on Medical Negligence
1. Indian Medical Association v. V.P. Shantha (1995)
- Established: Doctors & hospitals come under the Consumer Protection Act.
- Impact: Patients can file complaints for medical negligence in consumer courts.
2. Jacob Mathew v. State of Punjab (2005)
- Established: The Bolam Test – A doctor is not negligent if another competent doctor would have acted similarly.
- Impact: No criminal case against doctors unless gross negligence is proven.
3. Dr. Suresh Gupta v. Govt. of NCT of Delhi (2004)
- Established: A doctor can only be charged under Section 304A IPC (Now Sec 106 BNS) for medical negligence leading to death if “gross negligence” is evident.
- Impact: Strengthened the requirement for proving gross negligence.
4. Kusum Sharma v. Batra Hospital & Medical Research Centre (2010)
- Established: The Supreme Court laid down guidelines for determining negligence.
- Impact: Courts should rely on medical expert opinions before holding doctors liable.
5. Kunal Saha v. AMRI Hospital (2013)
- Facts: A US-based doctor’s wife died due to medical negligence.
- Impact: Highest compensation in Indian medical negligence cases (₹11.5 crore).
6. Key Points
- Medical negligence can be criminal (BNS), civil (CPC), or consumer-related.
- Arrests of doctors require a prior inquiry (Sec 41A CrPC/BNSS).
- Patients must prove negligence through expert medical opinion.
- Compensation depends on consumer, civil, or criminal court jurisdiction.
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