Indian Supreme Court ruling makes arrest of doctors harderBMJ 2005; 331 doi: https://doi.org/10.1136/bmj.331.7514.422-f (Published 18 August 2005) Cite this as: BMJ 2005;331:422
- Ganapati Mudur
- New Delhi
The Indian Supreme Court has ruled that doctors may be criminally prosecuted
only for gross negligence or a high degree of negligence and that “a simple lack of care, an error of judgment, or an accident is not proof of negligence.”
Indian doctors and some consumers' groups have hailed the judgment, which will
make the arrest of doctors for medical negligence harder but leaves intact the existing provisions for patients to claim compensation under consumer laws.
However, a representative of the People's Health Movement cautioned that the judgment needed to be followed up by action by medical …