The Court clarified that in order to convict a medical professional for medical negligence, the prosecution must prove culpable and gross negligence beyond a reasonable doubt. It should be shown that the doctor did or failed to do something which no ordinary skilled medical professional would have done or failed to do, the judge explained.
The Court also noted that there is a growing tendency among the public to accuse medical practitioners after adverse and unfortunate events, causing professional damage and emotional drain for such medical practitioners.
“Nothing can be more professionally damaging and emotionally draining than being arrayed as an accused in any such action. A surgeon, under fear of facing criminal prosecution in the event of failure for whatever reason – whether due to his fault or not- cannot perform at his best,” the court underscored.
Source: Barandbench
