Vol. 1, Issue 7, Part K (2015)

Abstract
The medical professional enjoys high regards due to their noble profession. The doctors require highest degree of care and caution in their profession because even a minor negligence can cause death of a patient. A doctor may be prosecuted for his gross negligence during medical treatment or surgery causing death of a patient. But if a doctor has taken reasonable care and caution while providing medical treatment or surgery, then he cannot be made liable for his act. Now abortion or miscarriage is permissible in certain circumstance after enactment of Medical Termination of Pregnancy Act, 1971. Mere deviation from normal professional practise cannot necessarily involve medical negligence amounting to criminal offence. For launching a criminal prosecution against doctors, the prosecution has to come with a high degree of negligence on the part of the medical professional. The Hon’ble Apex Court is of consistent views that criminal prosecution of doctors without another medical opinion on the point of their guilt is not permissible in law.