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Bombay High Court Acquits Doctor in Medical Negligence Case Due to Lack of Gross Negligence. Death During Surgery Not Sufficient for Criminal Liability Under Section 304A IPC Without Proof of Recklessness.

The case arises from the death of Prakash Parekh, a young man who underwent a surgical procedure performed by Dr. Anil Pinto on 20/02/1984. The compla...

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Bombay High Court Quashes Chargesheet Against Doctor in Medical Negligence Case Due to Lack of Sanction Under Section 197 CrPC. Criminal proceedings for alleged negligence during emergency surgery set aside as doctor was a public servant acting in discharge of official duty.

The petitioner, Dr. Dilip Amonkar, a Professor and Head of the Department of Surgery at Goa Medical College, was chargesheeted in connection with the ...

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Supreme Court Allows Doctor and Hospital's Appeal in Ptosis Surgery Negligence Case — Deterioration Post-Surgery Not Proof of Medical Negligence. Mere Failure of Treatment Without Evidence of Breach of Duty Does Not Attract Liability Under Consumer Protection Act, 1986.

The case involves two cross-appeals arising from a common order of the National Consumer Disputes Redressal Commission (NCDRC) dated 24.08.2011. The c...

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Bombay High Court Quashes FIR Against Doctors in Medical Negligence Case Due to Lack of Criminal Intent. Section 304 IPC Not Attracted as Allegations Do Not Disclose Culpable Homicide; Civil Liability May Exist but Criminal Prosecution Requires Gross Negligence with Mens Rea.

The applicants, Dr. Ashok Saklecha and Dr. Sarika Saklecha, medical practitioners, filed an application under Section 482 of the Code of Criminal Proc...

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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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High Court of Gujarat Enhances Compensation for Injured Doctor in Motorcycle Accident Due to Negligent Driving of Chhakda Rickshaw. Claimant's Income Assessed at Rs.2,25,000 per annum with 40% Future Prospects and Multiplier of 16 Applied for Loss of Earning Capacity.

The appellant, Tejasbhai Champaklal Shah, a 32-year-old doctor, filed a claim petition under the Motor Vehicles Act, 1988, seeking compensation for in...

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High Court of Bombay at Goa Allows Appeal in Motor Accident Claim — Sets Aside MACT Dismissal for Failure to Prove Negligence. Claimant's evidence of rash driving by respondent motorcyclist found sufficient to establish negligence under Section 166 of Motor Vehicles Act, 1988.

The appellant, Mr. Sameer S. Desai, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, before the Motor Accidents Claims Tribun...

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High Court of Karnataka Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Injured Claimant. Claimant's Own Negligence in Driving Without Valid License and Without Helmet Led to Reduction of Award by 50%.

The case involves three appeals arising from a motor accident claim. The claimant, Dr. Uma, a 35-year-old doctor, sustained injuries when the scooter ...