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Indian courts rule against criminal liability in cases of error

BMJ 2004; 329 doi: (Published 12 August 2004) Cite this as: BMJ 2004;329:368
  1. Sanjay Kumar
  1. New Delhi

    A doctor should not be held criminally liable when a patient's death results from a physician's error of judgment, according to a new controversial judgment from the Supreme Court of India last week.

    The judgment pleased the medical community, which has been bitterly resisting the prosecution of doctors in criminal and consumer courts by aggrieved patients.

    The ruling came in the case pertaining to the death of Siavash Karim Arbab, who was operated on by plastic surgeon Dr Suresh Gupta for removal of a nasal deformity in April 1994 at the Delhi Plastic Surgery Clinic.

    The cause of …

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