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Bombay High Court Dismisses State Appeal Against Acquittal of Doctors in Medical Negligence Case — Gross Negligence Not Established. Criminal liability under Section 304-A IPC requires proof of gross negligence, not mere civil negligence, and the prosecution failed to meet that standard.

The State of Maharashtra appealed against the acquittal of three doctors (respondents) by the Chief Judicial Magistrate, Kolhapur, for the offence und...

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Bombay High Court Awards Compensation for Medical Negligence in Municipal Hospital - Extravasation Injury Leads to Loss of Fingers. Hospital Staff's Failure to Monitor IV Line Constitutes Negligence, Municipal Corporation Held Vicariously Liable.

The petitioner, Umakant Kisan Mane, was admitted to Rajawadi Municipal Hospital on 1st October 2002 following a convulsion. An intravenous line was st...

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Supreme Court Dismisses Hospital's Appeal Against NCDRC Order Exonerating Insurer in Medical Negligence Case. Insurance Policies Taken by Doctors Cannot Be Used to Fasten Liability on Insurer for Hospital's Own Negligence.

The appellant, M/s Sheth M L Vaduwala Eye Hospital, a charitable trust registered under the Bombay Public Trust Act, 1961, conducted an eye camp betwe...

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High Court of Karnataka Quashes Criminal Proceedings Against Doctor in Medical Negligence Case — Lack of Expert Opinion and Prima Facie Evidence. Section 304(A) IPC Proceedings Set Aside as Complaint Did Not Disclose Essential Ingredients of Rash or Negligent Act Causing Death.

The petitioner, Dr. Rajeshwari, a medical practitioner, sought quashing of the order dated 19.08.2013 passed by the JMFC-II, Raichur, in FIR No.669/20...

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Bombay High Court Quashes Criminal Proceedings Against Doctor in Medical Negligence Case — Lack of Expert Opinion and Criminal Intent. Complaint under Section 338 IPC fails as essential ingredients of grievous hurt by rash or negligent act not established without expert evidence.

The petitioner, a practicing ophthalmologist, challenged the judgment of the Additional Sessions Judge, Pune, which upheld the Magistrate's order issu...

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High Court of Karnataka Quashes Criminal Proceedings Against Doctor in Medical Negligence Case — Lack of Expert Opinion and Prima Facie Evidence. Section 304(A) IPC Proceedings Set Aside as Complaint Did Not Disclose Essential Ingredients of Rash or Negligent Act Causing Death.

The petitioner, Dr. Rajeshwari, a medical practitioner, sought quashing of the order dated 19.08.2013 passed by the JMFC-II, Raichur, in FIR No.669/20...

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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 Appeal in Motor Accident Claim Case Due to Negligence of Driver. Claimant awarded compensation for injuries sustained when motorcycle hit her while she was loading luggage on a tempo.

The appellant, Nalini Ramesh Satarkar, filed a claim petition under the Motor Vehicles Act, 1988 seeking compensation of Rs. 2,00,000 for injuries sus...

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Bombay High Court Quashes FIR Against Doctors in Medical Negligence Case — No Prima Facie Case Under Section 304A IPC. Allegations of Rash or Negligent Act Not Made Out as Treatment Was Given in Good Faith and No Gross Negligence Established.

The Bombay High Court at Nagpur Bench heard two criminal applications filed by Dr. Pradeep Sadashiv Wankhede and Dr. Abhishek Vasantrao Sondawale, bot...