Supreme Court of India
Dr. P.B. Desai v. State of Maharashtra & Anr.
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1 Supreme Court bench has cited this judgment.
From the headnote
Penal Code, 1860 - s. 338 rlw. s. 109 - Prosecution under - -Of medical practitioner (surgeon). - Conviction by courts below - Held: The omission on the part of the accused to take care of the patient, in the facts of the case, can come within the realm of professional misconduct and civil liability (actionable wrong in tort) but not criminal liability - The omission on the part of the accused was not the cause for patient's death - Hence he cannot be held liable u/s. 338 as the ingredients of s. 338 have not been satisfied - Tort - Actionable wrong - Professional Misconduct - Medical
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