Latest news with #Section304A
Time of India
2 days ago
- Health
- Time of India
Kerala HC decides to frame guidelines for expert panel reviewing medical negligence allegations
Kochi: High court has decided to frame guidelines governing the functioning of expert committees constituted to review allegations of medical negligence against doctors. The bench of Justice V G Arun appointed Advocate S Akash as amicus curiae to assist the court in formulating the guidelines. The court was hearing two petitions filed by doctors challenging the criminal proceedings initiated against them in their respective trial courts. The petitioners are facing prosecution under Section 304A of the IPC, alleging that patients under their care had died due to medical negligence. They contended that they were neither heard by the expert committee nor provided a copy of its report. In response, the additional director general of prosecution (ADGP) submitted that no procedural guidelines currently exist regarding the functioning of such expert committees. HC observed that the absence of clear guidelines could adversely affect the right to a fair trial of the accused. It stressed that it is essential for the committee to consider the doctor's explanation before finalising its report and to furnish a copy of the report to the concerned doctor, thereby enabling them to challenge or appeal it, if necessary. The bench also requested the ADGP to submit suggestions regarding the structure and content of the proposed guidelines and adjourned the matter to July 17.
Daily Express
28-05-2025
- Daily Express
Man shot dead after being mistaken for wild boar
Published on: Wednesday, May 28, 2025 Published on: Wed, May 28, 2025 Text Size: For illustrative purposes only. KUCHING: A 40-year-old man was fatally shot during a hunting trip in Sri Aman recently after his friend mistook him for a wild boar, The Borneo Post reported. Sri Aman police chief Supt Dennis Bunyam said the incident occurred around 5.30pm in the jungles of Sungai Dor, Melugu, on Sunday, when the 46-year-old suspect fired a shotgun at what he believed was game. The victim, who sustained a gunshot wound to the head, was pronounced dead at the scene by a responding medical team. Police confirmed the shooter did not possess a valid firearm licence, and the shotgun used has since been confiscated for investigation. The case is being probed under Section 304A of the Penal Code for death by negligence and the Arms Act 1960, with authorities urging the public to follow firearm regulations and secure proper hunting permits. * Follow us on our official WhatsApp channel and Telegram for breaking news alerts and key updates! * Do you have access to the Daily Express e-paper and online exclusive news? Check out subscription plans available. Stay up-to-date by following Daily Express's Telegram channel. Daily Express Malaysia
Borneo Post
26-05-2025
- Borneo Post
In Sri Aman, man shot dead after mistaken for wild boar by hunting buddy
Dennis said the incident happened around 5.30pm in the jungles of Sungai Dor in Melugu. — Malay Mail photo KUCHING (May 26): A 40-year-old man was killed yesterday during a hunting trip in Sri Aman after he was shot by his friend who mistook him for a wild boar. Sri Aman police chief Supt Dennis Bunyam said the incident happened around 5.30pm in the jungles of Sungai Dor in Melugu. 'The friend, 46, discharged his shotgun at what he thought was a wild boar, only to realise that he had accidentally shot the victim. 'The victim, who was struck in the head, was pronounced dead at the scene by a medical team,' he said in a statement. Dennis said the friend was found to not possess a valid firearm licence for hunting, adding that the shotgun was seized for further investigation. He said the case is being investigated under Section 304A of the Penal Code for causing death by negligence, and the Arms Act 1960 for possessing an unlicensed firearm. 'The public are advised to abide by the rules and regulations on possession and usage of firearms, and ensure all hunting activities are conducted with the necessary licence and permit from the authorities,' he said. Dennis Bunyam lead Melugu Sungai Dor
Time of India
20-05-2025
- Health
- Time of India
Can't blame doctors for every death during treatment, rules Kerala high court
Kochi: High court, in a significant judgment, held that a doctor cannot be prosecuted for every mishap or death occurring during treatment. The court further observed that only in cases involving a gross lack of competence, inaction, or wanton indifference to a patient's safety — arising from gross ignorance or gross negligence — could a doctor be compelled to face trial for criminal negligence . Justice G Gireesh made these observations while allowing a petition filed by a gastroenterologist at a private hospital in Ernakulam seeking to quash the final report and further proceedings in a case alleging medical negligence that allegedly resulted in a patient's death. According to prosecution, a young man who had undergone renal transplantation later died at the hospital while under treatment for an intestinal ailment in the early hours of May 26, 2012. As his condition worsened during the night, the duty nurse contacted the petitioner, who then prescribed medicines over the phone. Later that night, the patient was shifted to the Nephrology Intensive Care Unit, where he succumbed to renal complications. The allegation against the petitioner was that by administering treatment over the telephone instead of directing the nurse to have the patient examined by a nephrologist, he caused the patient's death due to renal failure. Despite two expert committee reports stating that the patient appeared to have received reasonable medical and nursing care, the investigating officer sought a further opinion from the state-level apex medical body, which found fault with the petitioner and directed that he be investigated for criminal negligence. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Trade Bitcoin & Ethereum – No Wallet Needed! IC Markets Start Now Undo While considering the petition, HC observed that none of the expert panel members found fault with the medicines prescribed by the petitioner. It held that under no circumstances could the treatment provided be considered an act of criminal negligence attracting Section 304A of the IPC. The court reiterated that even where a patient's death results from an error of judgment or accident, no criminal liability arises. Mere inadvertence or some degree of lack of care and caution may give rise to civil liability but is insufficient to impose criminal responsibility on a medical professional. The court also cited a Supreme Court judgment, which warned that if courts were to impose criminal liability on hospitals and doctors for every untoward outcome, it would lead to doctors being more concerned about their safety than providing the best possible care to patients. This, the apex court had cautioned, could erode the mutual trust essential in the doctor-patient relationship.
