Supreme Court · 2013 INSC 621 · Decided 13 September 2013
DR. P.B. Desai v. State of Maharashtra & ANR.
- Court
- Supreme Court of India
- Citation
- 2013 INSC 621 · [2013] 11 S.C.R. 863
- Case number
- CRIMINAL APPEAL No. 1432/2013
- Decided
- 13 September 2013
- Bench
- A.K. PATNAIK, A.K. SIKRI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 338, 109
Headnote
A B Penal Code, 1860 - s. 338 rlw. s. 109 - Prosecution under - -Of medical practitioner (surgeon). - Conviction by courts below - Held: The omission on the part of the accused C to take care of the patient, in the facts of the case, can come within the realm of professional misconduct and civil but not criminal liability - The omission on the part of the accused was not the cause for patient's death - Hence he cannot be held liable u/s. 338 as D the ingredients of s. 338 have not been satisfied - Tort - Actionable wrong - Professional Misconduct - Medical Negligence. s. 338 - Offence
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