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Bombay High Court Quashes FIR Against Doctor in Medical Negligence Case Due to Lack of Criminal Intent. Section 304 IPC not attracted as negligence was not gross or reckless, and death occurred during medical procedure without mens rea.

The applicant, Dr. Sangeeta Salunke, a registered medical practitioner, filed an application under Section 482 of the Code of Criminal Procedure, 1973...

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Bombay High Court Allows Criminal Writ Petition Against Refusal to Issue Process for Medical Negligence Under Section 304A IPC. Court Finds Prima Facie Case of Rash or Negligent Act by Doctors Leading to Patient's Death.

The petitioner, Gautam Sadanshiv, filed a criminal complaint alleging medical negligence against respondent doctors (Dr. Laxmi Jawanjal, Dr. Deepak Ga...

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Bombay High Court Allows Discharge Petition in Medical Negligence Case Under Section 304A IPC — Lack of Material to Show Rash or Negligent Act. Court holds that death during anaesthesia without evidence of gross negligence does not constitute culpable homicide not amounting to murder.

The petitioner, Dr. Suvarna Arjun Jaybhaye, a medical practitioner with an MBBS degree and a diploma in Anaesthesia, was the accused in S.C.C. No. 965...

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Supreme Court Allows Appeal in Medical Negligence Case Due to Lack of Monitoring in Dengue Treatment. Failure to Monitor Hematocrit and Platelet Levels Constitutes Negligence Despite Following Fluid Protocol.

The case pertains to a medical negligence claim arising from the death of Madhu Manglik, the spouse of the appellant Arun Kumar Manglik, who was admit...

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Bombay High Court Upholds Acquittal of Accused in Rash Driving Case Due to Lack of Evidence on Overtaking — State Fails to Prove Negligence in Head-On Collision Between Two Mini Buses Under Sections 279, 337 IPC.

The State of Goa appealed against the acquittal of the accused, Mohandas S. Gawade, who was charged under Sections 279 (rash driving) and 337 (causing...

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Supreme Court Upholds Compensation Award in Medical Negligence Case Under Consumer Protection Act, 1986. The Court found deficiency in service due to inadequate post-operative monitoring and delayed intervention in treating a patient with aortic aneurysm, leading to death and warranting compensation.

The dispute arose from a complaint filed by the legal heirs of a deceased patient, Dinesh Jaiswal, against Bombay Hospital & Medical Research Centre a...

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High Court of Karnataka Quashes Charge Sheet Against Teachers in Student Death Case Due to Lack of Criminal Negligence. Section 304A IPC requires gross negligence and direct causation, not mere accident or civil liability.

The petitioners, teachers and the secretary of Mother Theresa School, sought quashing of the charge sheet in C.C. No.1505/2012 pending before the Prin...

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Bombay High Court Quashes Criminal Proceedings Against Medical Student in Rash Driving Case — Lack of Evidence of Negligence. FIR and Chargesheet under Sections 279, 337, 338 IPC and Section 184 Motor Vehicles Act, 1988 quashed as no prima facie case of rash or negligent driving established.

The applicant, Dr. Nidhi Suresh Kharabe, a 26-year-old medical student, filed a criminal application under Section 482 of the Code of Criminal Procedu...