Prabir Kumar Paik. Vs The West Bengal Medical Council & Ors.[CHC]-26/07/2019-The police require an opinion from the from the West Bengal Medical Council, in terms of the directions given by the Hon’ble Supreme Court, to proceed any further on the criminal case. West Bengal Medical Council received the request from the police on November 16, 2017. Since then, the West Bengal Medical Council is yet to give its opinion as to whether or not, there is any medical negligence involved, for the police to proceed. The West Bengal Medical Council will inform the Director, Medical Education that, he is required to convene the meeting of the concerned panel of Ethical Cases Committee by July 29, 2019 if not earlier. The concerned panel of Ethical Cases Committee is requested to conclude the proceedings and give its opinion to the police as expeditiously as possible, conduct the proceedings day-to-day basis, if required.
Under the Law of Torts, word negligent has been defined and Word ‘negligence’ is defined in Black’s Law Dictionary (7th Edition) “The failure to exercise the standard of care that a reasonably […]
How and by which principle, the Court should decide the issue of negligence of a professional doctor-SC Explained it after 22 years of filing the original complaint in favor of the doctor and against the lady patient- complainant.
Syad Akbar Versus State of Karnataka-The burden of proving the affirmative, that the defendant was negligent and the accident occurred by his negligences, still remains with the plaintiff; and in such a situation it will be for the Court to determine at the time of judgment whether the proven or undisputed facts, as a whole, disclose negligences.
KEYWORDS:- MEDICAL NEGLIGENCE-mandatory compensation-doctrine of the cumulative effect- DATE: 7 August, 2009 The doctrine of cumulative effect is not available in criminal law- “for the death of Anuradha although Dr. Mukherjee, Dr. […]
KEYWORDS:- MEDICAL NEGLIGENCE – CRIMINAL LIABILITY OF A MEDICAL PRACTITIONER- DATE :- 05-08-2005 AIR 2005 SC 3180 : (2005) 2 Suppl. SCR 307 : (2005) 6 SCC 1 : JT 2005 (6) SC […]
The criminal LAW has invariably placed the medical professionals on a pedestal different from ordinary mortals