Supreme Court · 2009 INSC 1025 · Decided 7 August 2009
Malay Kumar Ganguly v. DR. Sukumar Mukherjee and Others
- Court
- Supreme Court of India
- Citation
- 2009 INSC 1025 · [2009] 13 S.C.R. 1
- Case number
- CRIMINAL APPEAL No. 1191/2005
- Decided
- 7 August 2009
- Bench
- S.B. SINHA, DEEPAK VERMA (2-judge bench)
- Outcome
- Disposed off
- Case type
- Criminal
- Acts & sections cited
- IPC Section 12, 131304; Evidence Act; Constitution Article 21, 136; Consumer Protection Act
Headnote
CONSUMER PROTECTION ACT, 1986/PENAL CODE, 1860: Sections 12, 131304-A - Medical negligence - Criminal negligence - Patient treated by various doctors/Hospitals - Death - Allegation of negligence - Negligence must be of a gross or a very high degree to amount to criminal negligence A B c - professional for negligence under 0 criminal law it must be shown that the accused did .something or failed to do something which in the given facts and circumstances no medical professional in his ordinary senses and prudence would have done or failed to do - The complexities involved in the
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