New Delhi, Oct 18 (UNI) The Supreme Court has held that hospitals and doctors cannot be burdened with criminal prosecution everytime something goes wrong with the patient.
A bench comprising Justices C K Thakker and D K Jain while remanding the case back to Allahabad High Court in its judgement noted, '' If the courts were to impose criminal liability on hospitals and doctors for everything that goes wrong, the doctors would be more worried about their own safety than giving best treatment to the patient.'' Doctor Madhav Prasad Kaushik was summoned by the magistrate for causing death of a patient Budha Ram who had died on January 9, 2007 after the doctor gave him three injections.
Police refused to register a case and also filed a report before the magistrate that no criminal case is made out against the doctor.
The doctor went to the High Court against the order of the magistrate.
The High Court, however, dismissed the petition.
The Supreme Court said only a case of criminal negligence can be considered.
UNI SC SY RP KN2013