Suppose some competent radiologist doctor is very good in reading radiographs but one day ....
while writing a report of a radiograph of neck fracture he by his human mind's mistake he writes ''fracture is ABSENT''
**Instead of writing ''fracture is PRESENT''
Later patient dies because of complication of neck fracture.
Will that doctor be liable for criminal negligence under section 304 a IPC in India?
2007-06-14 12:48:32 · 6 answers · asked by Anonymous in Science & Mathematics ➔ Medicine
Not all fractures are easy to see on an X ray. There would certainly be grounds for a case of malpractice against the radiologist but if other radiologists who would be called as expert witnesses agree that the findings are subtle and easy to miss then I suspect he would not be held liable.
There are certainly no grounds for Criminal Negligence which would require demonstation of reckless behaviour leading to injury to the patient.
2007-06-14 15:44:02 · answer #1 · answered by Vinay K 3 · 0⤊ 0⤋
If you were paying your bills on all the time or were maintaing a checking account in good order all the time. As soon as you default the bank charges you a penalty without fail according their well established rules. Even your credit rating may be affected.
You can build a better credit rating gradually or can cause it to deteriorate with time.
Why it should be any different here, you are dealing with human life which is much more precious than dealing with a car and an auto mechanic.
Even if no official record is maintained, a Doctor's reputation is a very valuable asset. The truth will soon be discovered.
2007-06-18 14:30:36 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Radiologists in India usually write
"No certain evidence of fracture, correlate clinically."
means the surgeon and radiologist are jointly making the diagnosis or a mistake.
A certain mistake makes them liable for criminal action.
2007-06-16 00:04:18 · answer #3 · answered by J.SWAMY I ఇ జ స్వామి 7 · 0⤊ 0⤋
i could seek for suggestion from a criminal expert and sue him for economic reimbursement. i do no longer know if there is any foundation for criminal negligence. He made a mistake. It replaced into no longer a criminal purpose. Your ultimate wager is to sue him.
2016-10-17 07:26:33 · answer #4 · answered by bizier 3 · 0⤊ 0⤋
in india there is no scope of escaping criminal proceeding as there is no proof of your innoncenc
god can forgive u if u realizes what u hav done and not repeat it again
2007-06-21 20:24:41 · answer #5 · answered by vijay a 1 · 0⤊ 0⤋
I'm really glad I'm not you!
2007-06-14 12:57:47 · answer #6 · answered by Joe L 4 · 0⤊ 1⤋