Medical Negligence and Civil Liability– Medical negligence generally comes under civil liability except when the negligent act committed is so grievous that the injured party is not interested in compensation believes that the doctor who committed the act must be punished severely and charged under IPC for criminal liability. In fact, the police should register the cases of death due to medical negligence Under Section 304 – A of IPC in which the offence is bailable and the Doctors can be released on bail. Negligence is an offense under tort, IPC, Indian Contracts Act, Consumer Protection Act and many more. Judged by this standard, a professional may be held liable for negligence on one of two findings: either he was not possessed of the requisite skill which he professed to have possessed, or, he did not exercise, with reasonable competence in the given case, the skill which he did possess. It can be defined as misconduct by a medical practitioner or doctor, and causes many deaths and illnesses each year. DOI: 10.15406/frcij.2017.04.00102. Negligence is an offense under tort, IPC, Indian Contracts Act, Consumer Protection Act and many more. A Physician can be charged with criminal negligence when a patient dies from the effects of anesthesia during, an operation or other kind of treatment, if it can be proved that the death was the result if malicious intention, or gross negligence. They are: 1. Negligence is the breach of a legal duty to care. Section 304-A of the Indian Penal Code, 1860 [IPC] prescribes punishment for death due to rash or negligent conduct of a person. Two acts of negligence may give rise to a much bigger problem. Negligence is predominantly a theory of liability concerning allegations of medical malpractice, making this type of litigation part of the Tort Law. The above statement of law is made by Sir Lawrence Jenkins in Emperor v. Omkar Rampratap and was cited in dealing of above case with approval. The standard to be applied for judging, whether the person charged has been negligent or not, would be that of an ordinary competent person exercising ordinary skill in that profession. A doctor charged under this section can obtain bail and if proved guilty, the doctor can be punished with a maximum of two years imprisonment or fine or both. A surgeon cannot and does not guarantee that the result of surgery would invariably be beneficial, much less to the extent of 100% for the person operated on. Medical negligence is failure of a medical professional to act according to the its standard care who possessed duty of care towards the patient but breached that duty of care and because of that breach of care there is injury caused which is the direct result of the breach of that duty of care. Medical Negligence. The trial court convicted him. This includes negligence in taking care from a nurse, physician, surgeon, pharmacist, or any other medical practitioner. Disclaimer - All information and content on this site are for information and educational purposes only. To build as much awareness as … << Consumer Protection Act and Medical Profession - The Legal A... Consumer Protection Act and Medical Profession - Lank Mark -... >>, COVID-19: Guidelines On Dead Body Management, Telemedicine Guidelines Gazetted and notified on 14th May 2020, The National Medical Commission Act, 2019, Right To Privacy Judgment - Supreme Court, Understand Indian Clinical Establishment Act, Food Safety and Standards (Contaminants, Toxins and Residues) Regulations, 2011, Food Safety and Standards (Prohibition and Restrictions on Sales) Regulations, 2011, The Prohibition Of Sexual Harassment Of Women At Workplace Bill, 2010. In Jacob Mathew vs. State of Punjab & Anr. Recently there has been a major increase in the cases of gross medical negligence which calls for some immediate strict laws to be made in this regard. Some sections related to the medical negligence laws in India are Section 52, Section 80, Section 81, Section 83, Section 90, Section 91, Section 92, Section 304-A, Section 337, Section 338 of IPC. I am ready to submit any medical documents and willing to go any more procedures to prove that I had been treated at Meenakshi Mission Hospital and Research Centre, Madurai in unwanted or neglected medical procedures. The level of competency and professionalism used will be measured against other professionals in the industry. The above laws are applicable tothe following medical professionals: In the Judgement Kurban Hussein Mohammedali Rangawalla v. State of Maharashtra related to Section 304A of IPC in accordance with medical negligence (death caused by negligence), It was held that, "To impose criminal liability under Section 304A, Indian Penal Code, it is necessary that the death should have been the direct result of a rash and negligent act of the accused, and that act must be the proximate and efficient cause without the intervention of another's negligence. The act of “Negligence” is open to interpretation based on the actions of the defendant in each case. Although Indian laws are not the best when it comes to Medical Negligence and that is the weak point where justice is lacking. Indian Penal Code, 1860 sections 52, 80, 81, 83, 88, 90, 91, 92 304-A, 337 and 338 contain the law of medical malpraxis in India. Doctors may be negligent. He is, however, not liable for an error judgment. And, to err is human. Civil Liability and Medical Negligence. And in case of medical negligence mostly the doctor is the defendant. She was not admitted to the clinic, just for three days doctor given her 2 bottle of saline everyday. 304A. The treatment of many patients was under way and they feel lost. Doctor is having clinic not the hospital. The only assurance which such a professional can give or can be understood to have given by implication is that he is possessed of the requisite skill in that branch of profession which he is practising and while undertaking the performance of the task entrusted to him, he would be exercising his skill with reasonable competence. It can be defined as misconduct by a medical practitioner or doctor, and causes many deaths and illnesses each year. A bare reading of the aforesaid sections would show that there is no difference between an ordinary crime committed by a criminal and the act of negligence done by a doctor while treating his patient. IPC PROFESSOR MEDICAL NEGLIGENCE: A CRITICAL STUDY The term “medical negligence” is an omnibus one which, has come into vogue to refer to wrongful actions or omissions of medical professionals in pursuit of their profession, while dealing with patients. Negligence is an offense under Tort, IPC, Indian Contract Act, Consumer Protection Act, and many more. Another section of IPC 304-A talks about causing death by Negligence and which is generally applied in case of death in MLC. But the Court of Appeal held: “ ….. in order to establish criminal liability, the facts must be such that, …. Failure to exercise due care is Negligence. This is all what the person approaching the professional can expect. What the law calls criminal negligence is largely a matter of degree; it is incapable of a precise definition. 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Medical negligence is failure of a medical professional to act according to the its standard care who possessed duty of care towards the patient but breached that duty of care and because of that breach of care there is injury caused which is the direct result of the breach of that duty of care. A rash act … Negligence also includes within its ambit cases of medical negligence which is said to attract the provisions of Section 304A. Shanta& Others, Apex Court held that service rendered to a patient by a medical practitioner by way of consultation, diagnosis and treatment, both medicinal and surgical, would fall within the ambit of ‘service' as defined in Section 2(1) (o) of the Consumer Protection Act, 1986. To prove whether or not it exists is like chasing a mirage. 304A of the IPC has to be read as qualified by the word ‘grossly’. In Poonam Verma v Ashwin Patil & Ors. The Supreme Court has not stated, even now, that doctors can never be prosecuted for medical negligence. Professional negligence, more specifically, medical negligence is, as the term suggests, relates to the medical profession and is the result of some irregular conduct on the part of any member of the profession or related service in discharge of professional duties. Any task which is required to be performed with a special skill would generally be admitted or undertaken to be performed only if the person possesses the requisite skill for performing that task. A patient /legal heirs or representative of deceased patient/any registered consumer organisation can sue the medical professional for negligence under the Consumer Protection Act, 1986. Medical Negligence and Civil Liability– Medical negligence generally comes under civil liability except when the negligent act committed is so grievous that the injured party is not interested in compensation believes that the doctor who committed the act must be punished severely and charged under IPC for criminal liability. But, if the patient is alive, the doctor is charged under the Indian Penal Code Section 337 and 338. Here, the concerns turns out really serious and should be the prime focus during this pandemic as more medical practices are done in these days when compared to early normal days. As I have said earlier wihen I make cancellation of ticket irctc website refuse it and when I file TDR irctc site told that TDR can only be file after charting done and departure of train, no other method is describe there. Download PDF. In R. v Bateman (1925), Dr. Bateman was prosecuted for manslaughter and the charges of negligence made against him were:i) Causing the internal ruptures in performing the operations of ‘version’;ii) Removing part of the uterus along with the placenta;iii) Delay in sending the patient to the infirmary. Medical negligence is a breach of duty on the part of the defendant who has a legal as well as a moral duty to look after his/her patient. Medical negligence is punishable under various laws such as torts, IPC, Indian Contracts Act, Consumer Protection Act, etc. So, this should be considered as an obligation by all concerned authorities whether its Government, Hospitals or Medical Councils to provide quality and adequate healthcare to Indian citizens. 4848 Consultations. Medical negligence definition We can define ‘Medical negligence’ as the improper or unskilled treatment of a patient by a medical practitioner. 1686501, But they also refused the return on 12/07/2015 by saying that I have filled the TDR very late on 03/07/2015, which had to be filled within 72 hours of train departure time. The SC/ST are given more compensation in case of death in jail. Are any clauses of medical act violated in this sudden and unannounced closure of a medical facility? However, the definition of medical negligence is not given in any of the laws in force in India. Finally, I took her to Christian Medical College and Hospital (CMC&H) on December 11 where the doctors operated on my wife and found a towel in her womb. For this situation, the rule of res ipsa loquitor ('the thing speaks for itself') was applied, and the pay was given to the offended party. A professional is deemed to be an expert in that field at least; a patient getting treated … “Medical negligence is when the care provided to a patient falls below the accepted standards of medical practice, due to an act or omission from the medical professional. Following are the laws that affect the medical profession and prevents malpractices with patients. “Gross Lack of competency or gross inattention, or wanton indifferences to the patient’s safety, which may arise from gross ignorance of the science of medicine and surgery or through gross negligence, either in the application and selection of remedies, lack of proper skill in the use of instruments and failure to give proper attention to the patient.” (Hampton v State; State v Lester). But that is what the patient thinks. It is not necessary for every professional to possess the highest level of expertise in that branch which he practises.". The relevant provision for imputing liability to doctors and associated medical professionals is Section 304-A of the Indian Penal Code (IPC), 1860 under which a complaint against a medical practitioner for alleged criminal medical negligence is registered. But when i open the site next day the ticket cancellation option said that it is too late too be cancelled and TDR option said that TDR can only be filled after charting and departure. A bare reading of the aforesaid sections would show that there is no difference between an ordinary crime committed by a criminal and the act of negligence done by a doctor while treating his patient. Dr. S. Selvamani, procedures makes me to spend around Rs.4,50,000 ( Rupees Four lacs and fifty Thousand ) at Meenakshi Mission Hospital and Research Centre, Madurai and now I am spending more money on review and other lab and ECHO procedures to improve the EF% of my heart. Medical Negligence: Law and Interpretation Introduction For a patient, the doctor is like God. Two acts of negligence may give rise to a much bigger problem. It requires that any of the following to be established in a case of criminal medical negligence. 79960 Answers. The civil liability in medical negligence usually arises when the expected care that the professionals such as doctors who deal with lives of person fail to take such necessary cautions. After the Consumer Protection Act, 1986, has come into force some patients have filed legal cases against doctors, have established that the … Delhi High Court: Manoj Kumar Ohri, J., denied bail to the petitioner who is accused of commission of offence under Section 315 (act… In devising a rational approach to professional liability which must provide proper protection to the consumer while allowing for the factors mentioned above, the approach of the Courts is to require that professional men should possess a certain minimum degree of competence and that they should exercise reasonable care in the discharge of their duties. 139 in this regard and they told that train cancellation can only be confirmed on 27-06-2015 morning and also advised that i have not to cancel the ticket now but after departure time of the train i have to file the TDR online through irctc website. At last, some important case laws on medical negligence along with conclusion explaining the importance of the medical system will be discussed. Right to Information Act, 2005, Supreme Court Asks AG KK Venugopal To Consider Whether NGT's Jurisdiction Can Be Extended To Wildlife Protection Act, Advocate Sumeer Sodhi's Convenience Note Be Used As Standard Format, Medical Negligence, Laws and Remedies in India, The Farmers’ Agitation And The Farm Reforms, E-Judiciary: Where justice and technology meet, All you need to know about Judicial Review, All you need to know about the Police Clearance Certificate, Contempt Proceedings Against Artist Rachita Taneja, Arbitration To Now Cover Matters Relating To Allegations Of Fraud And Landlord-Tenant Relation. (2011), Medical negligence-Meaning and Scope inIndia, Journal Nepal Medical Association, 9 Karim, S. M. Towhid. It can be defined as misconduct by a medical practitioner or doctor, and causes (Tan 2006) many deaths and illnesses each year. Medical malpractice is the negligence in the profession of health management where the patient is given low standard treatment than the expected one, may be because of the act of omission or mere negligence on part of the medical representative. 282 of 1996 (Dr. Mrs. Mridula S Deshpande Vs State of Maharashtra) dated 28-11-1998. Nothing is an offence merely by reason of its being done with the knowledge that it is likely to cause harm, if it be done without any criminal intention to cause harm, and in good faith for the purpose of preventing or avoiding other harm to person or property. 304A of the IPC has to be read as qualified by the word ‘grossly’. A physician would not assure the patient of full recovery in every case. (adsbygoogle = window.adsbygoogle || []).push({}); Join LAWyersclubindia.com and Share your Knowledge. a Doctor practicing medicine is judged against a reasonable doctor. In this video of Medical Training Program Adv. I have complained to police for cognizable offences and also written to the state medical bodies highlighting the manner in which the premises was shut down in my absence. The following is an analytical comparison of the laws mentioned above about medical negligence. All private or trust hospitals, nursing homes and polyclinics, All laboratories, blood banks and X-ray clinics, Medical Negligence under Section 304A of IPC, Section 2(1)(o) of the Consumer Protection Act, 1986, V. Krishna Rao v. Nikhil Super Speciality Hospital 2010, Achutrao Haribhau khodwa and Ors v. the State of Maharashtra. Canadian Medical Protective Association PO Box 8225 Station T Ottawa, Ontario K1G 3H7. Medical Negligence basically is the misconduct by a medical practitioner or doctor by not providing enough care resulting in breach of their duties and … So I want back all my money which is Rs.5636.17/- as train is cancelled by railway itself. A 2006 study found plaintiffs winning only 21% of the time and medical negligence compensation accounts for only 0.3% of national healthcare costs. Nothing is an offence by reason of any harm which it may causes to a person for whose benefit it is done in good faith, even without that person's consent, if the circumstances are such that it is impossible for that person to signify consent, or if that person is incapable of giving consent, and has no guardian or other person in lawful charge of him from whom it is possible to obtain consent in time for the thing to be done with benefit, Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. But that is what the patient thinks. DEFENSES FOR MEDICAL NEGLIGENCE. Researchers at the Harvard School of Public Health examined over 1,400 closed medical negligence claims and found that 97% were meritorious and about 80% involved death or serious injury. As the title explains, the text will be putting a brief light on Laws that are applicable in the case of Medical Negligence along with Remedies available in our Country. The editorial team reserves the right to review and moderate the comments posted on the site. Concept. Medical negligence is punishable under various laws such as torts, IPC, Indian Contracts Act, Consumer Protection Act, etc. Civil Liability and Medical Negligence. Murder. 1. Negligence is the breach of a legal duty to care. Section 304-A was added to the IPC by the Amendment Act, of 1870. Ø Under Section 304A [IPC] – For causing death of a patient by rash or negligent act. 5.0 on 5.0 Talk to Advocate Ajay Sethi; You have stated that you have secured the information/evidences pertaining to file a case for medical negligence. No: 36009] done procedures like TPI CAG Successful PTCA with BVS (Bio Resorbable Vascular Scaffold) to RCA done on 18-19-2013. This is duty of Railway and Irctc to let the passenger know about the refund procedure in case of cancellation of train. Failure to exercise due care is Negligence. a Doctor practicing medicine is judged against a reasonable doctor. Medical Negligence – A Different Outcome: Negligence should always follow the same criteria, whatever the circumstances and in the case of specially trained professionals in acting within their specialty there is a higher standard of care, i.e. Under Civil law, a case for Medical Negligence may be initiated under Consumer Protection Act or by means of filing a suit in a civil court against a private medical institution or a practitioner who are not providing medical care free of charges. Such insertions do not conform to our, Consumer Protection Act and Medical Profession - Indian Penal Code and Medical Negligence, Doctors and Medical Practitioners (Guidelines). Ajay Sethi. It has only emphasised the need for care and caution in prosecuting doctors in the interests of society. The relevant provision for imputing liability to doctors and associated medical professionals is Section 304-A of the Indian Penal Code (IPC), 1860 under which a complaint against a medical practitioner for alleged criminal medical negligence is registered. Medical Negligence basically is the misconduct by a medical practitioner or doctor by not providing enough care resulting in breach of their duties and harming the patients which are their consumers. Comments should be on the topic and should not be abusive. Can you suggest what can i do? DEFENSES FOR MEDICAL NEGLIGENCE. It was termed that "Negligence has many manifestations —it may be active negligence, collateral negligence, comparative negligence, concurrent negligence, continued negligence, criminal negligence, gross negligence, hazardous negligence, active and passive negligence, willful or reckless negligence or Negligence per se". Dr K G. I have booked two tickets under PNR no. A lawyer does not tell his client that the client shall win the case in all circumstances. He does not assure his client of the result. There are different kinds of consequences that a medical professional can face if he is charged for medical negligence. The law expects a duly qualified physician to use that degree of skill and care which an average man of his qualifications ought to have, and does not expect him to bring the highest possible degree of skill in the treatment of his patients, or to be able to guarantee cures. Public awareness of medical negligence in India is growing. the negligence of the accused went beyond a mere matter of compensation between subjects and should such disregard for the life and safety of others as to amount to a crime against the state and conduct punishment.”. There are quite a few defenses which are used to safeguard a Doctor from frivolous litigation's of Medical Negligence. Protection of life and personal liberty No person shall be deprived of his life or personal liberty except according to procedure established by law. The State shall make provision for securing just and humane conditions of work and for maternity relief. In such cases, the physician should be able to prove that he used reasonable and ordinary care in the treatment of his patient to the best of his judgment. Therefore, negligence cannot be attributed to a doctor so long as he is performing his duty with due care, caution, and attention. Merely because the doctor chooses one course of action over others, he won't be liable. Recent incidence in Pune stirred up the hornet’s nest among medical fraternity when Doctors were arrested on the alleged ground of Medical Negligence after the death of a patient and raised its voice against the unjust application of IPC Section 304-II instead of Sec.304-A. Negligence is an offense under Tort, IPC, Indian Contract Act, Consumer Protection Act, and many more. Doctor is giving me bill for 17000 for 3 day for my wife's treatment. There are quite a few defenses which are used to safeguard a Doctor from frivolous litigation's of Medical Negligence. A medical practitioner is liable for negligence if he/she deviates from “the standard treatment” recommended for taking care of his/her … Medical Negligence under Section 304A of IPC; In the Judgement Kurban Hussein Mohammedali Rangawalla v. State of Maharashtra related to Section 304A of IPC in accordance with medical negligence (death caused by negligence), It was held that "To impose criminal liability under Section 304A, Indian Penal Code, it is necessary that the death should have been the direct result of a … Doctors may commit a mistake. But on 23-06-2015 i have received a message regarding cancellation of train, then i called railway enquiry no. With the growing number of cases of medical negligence, it has acquired itself attention of the lawmakers. The State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want. Medical Negligence basically is the misconduct by a medical practitioner or doctor by not providing enough care resulting in a breach of their duties and harming the patients which are their consumers. This article is written by Shaunak Parulekar, a student at I.L.S Law College currently in the 2nd Year of the B.A.L.L.B course. The component of Medical Negligence- The defendant’s duty to care– Every patient deserves prompt attention at a reasonable cost once admitted. The component of Medical Negligence- The defendant’s duty to care– Every patient deserves prompt attention at a reasonable cost once admitted. Medical profession is one of the most oldest professions of the world and is the most humanitarian one.But today a decline in the standard of the medical profession can be attributed to increasing number of litigations against doctors for being negligent narrowing down to “medical negligence”. Civil liability usually includes the claim for damages suffered in the form of … Always seek the advice of a qualified physician for medical diagnosis and treatment.Full Disclaimer, Advertise with us | Medindia Copyright | Privacy Policy | Terms of Use © All Rights Reserved 1997 - 2020. Ø Under Section 304A [IPC] – For causing death of a patient by rash or negligent act. Nothing, which is not intended to cause death, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, or be known by the doer to be likely to cause, to any person for whose benefit it is done in good faith, and who has given a consent, whether express or implied to suffer that harm, or to take the risk of that harm. Whoever causes hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both. Also, it becomes very difficult for a patient to determine the actual damage that was caused to him/her due to the Negligence of a Medical Professional. Although there is no specific provision under IPC that deals with medical negligence, but an action can brought against the offender under Section 304A of Indian Penal Code, which deals with ‘causing death by negligence’. During Indian Medical Association v. V.P. So I could not cancel my tickets and contact the irctc helpline 011- 39340000 and they told to send an email in this regard on care@irctc.co.in and they issue me a Ticket No. Negligence also includes within its ambit cases of medical negligence which is said to attract the provisions of Section 304A. Negligence is an offense under tort, IPC, Indian Contracts Act, Consumer Protection Act and many more. Medical negligence results in high numbers of death and severe consequence for the patient. Medical Negligence is the negligence in the field of medicine, where the medical professional is negligent while dealing with his patients. With the growing number of cases of medical negligence, it has acquired itself attention of the lawmakers. (Jacob Mathew v State of Punjab)2 This means that mere negligence is not enough for a doctor, but gross negligence is needed. A 2006 study found plaintiffs winning only 21% of the time and medical negligence compensation accounts for only 0.3% of national healthcare costs. Researchers at the Harvard School of Public Health examined over 1,400 closed medical negligence claims and found that 97% were meritorious and about 80% involved death or serious injury. Medical Negligence: Law and Interpretation Introduction For a patient, the doctor is like God. Your comments are automatically posted once they are submitted. Medical negligence is punishable under various laws such as torts, IPC, Indian Contracts Act, Consumer Protection Act, etc. Later on charges were amended and the Doctors were released on Bail. But, it is not a term defined or referred to anywhere in any of the enacted Indian laws. The court in above judgement differentiated between the medical profession and other occupations by making the statement that: "In the matter of professional liability professions differ from occupations for the reason that professions operate in spheres where success cannot be achieved in every case and very often success or failure depends upon factors beyond the professional man's control. This article focuses on describing negligence under various laws, professional negligence, medical negligence, and landmark, as well as recent cases in India. In a popular case, Achutrao Haribhau khodwa and Ors v. the State of Maharashtra, the Supreme Court noticed that in the very nature of the medical profession, skills differ from doctor to doctor, and there is more than 1 admissible course of operation. It has long been recognized that criminal liability of a physician may result from a high degree of negligent conduct. 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Must have occurred doctor given her 2 bottle of saline everyday of expertise that... Which are used to safeguard a doctor practicing medicine is judged against a reasonable doctor We! The decision was given, and many more negligent conduct seeks to expound upon the topic medical! Not the best when it comes to medical negligence is not enough that it may have been causa. Physician, surgeon, pharmacist, or any other medical practitioners have generally been proceeded against under criminal.! ).push ( { } ) ; Join lawyersclubindia.com and Share your knowledge, just for days... To interact at Forum, Ask Query, Comment etc posted once they are submitted Act! ) to RCA done on 18-19-2013 Homicide either amounting to murder or not it exists is like God Successful with. This letter is with reference to the IPC by the Amendment Act, Consumer Protection,... Back all my belongings trapped inside, without giving me any notice but the Court of Appeal held:..! 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Decision was given, and Rao was granted pay of Rs 2 lakhs Maharashtra ) dated 28-11-1998 Resorbable Scaffold! Topic and should not be abusive a hospital facility is lacking typhoid fever rather than malaria, of! Word ‘ grossly ’ may result from a hospital facility of sending email is come. Is incapable of a patient by a medical facility by me when i contacted irctc helpline article sending!, Ontario K1G 3H7 causes many deaths and illnesses each year regarding cancellation of train at Forum Ask... Humane conditions of work and for maternity relief account hyperlink is this article is written by Shaunak,! This sudden and unannounced closure of a precise definition strongly believe that i have been treated wrong unwanted. Non. `` S.Selvamani, Senior Consultant and Interventional cardiologist [ Reg medicine where! A term defined or referred to anywhere in any of the laws mentioned above about medical negligence can... Treatment of many patients was under way and they feel lost not it exists is like God with to! Will incur criminal negligence is an analytical comparison of the following is an offense under,!, S. M. Towhid submit your article by sending to article @ lawyersclubindia.com Forum, Ask Query, Comment.. Not liable for an error judgment RCA done on 18-19-2013 medical procedure and hiding the truth regarding health...

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