IF some doctors do THAT much of mistakes;can they be acquitted from CRIMINAL negligence charges?see more,India

Question

ASSUME some doctors 'BY MISTAKE' cause hurt or GRIEVOUS HURT or DEATH of few of their patients by----
-amputation of wrong limb or wrong patient
-incompetent administration of anaesthetic
-administration of wrong substance inside eye
-causing burn from X ray therapy
-giving poisonous medicine carelessly
-mismatched blood transfusion
-making wrong diagnosis due to abscence of skill & care
-missing important examination or diagnostic procedure
-FAILURE TO remove swabs , sponges , tubes , instruments during operation from body ;attend patient in time ; do sensitive test; give fluids in dehydration; give anti-tetanic serum in injury.
Do that kind of doctors SURELY get jail term for such mistakes?
CAN they be acquitted from CRIMINAL charges of negligence even after doing that much of wrong acts??
How come? (India)

Answer 1

It depends on the circumstances or intent of the act. Amputation of the wrong limb or the limb of the wrong patient certainly lays you open to criminal charges but some of the other things you mentioned are not that clear cut.
How do you define incompetent administration of anaesthsia? Like any other procedure anaesthetic procedures also have their risks and consequences.
I think all of us have made wrong diagnoses in our careers. How do you decide whether it was due to absence of skill and care?
You cannot judge a case by the information you read in the newspaper. What you read is someone's version of what happened, usually the patient or his/her relatives and it is not appropriate to make judgements until all the facts are known.

Answer 2

Oh boy,,,,
You have been reading too much crude stuff from those "yellow press" newspaper...did you suffer yourself any of these horrendous actions??
Its impossible to judge the actions of a particular person (not only doctors) in the daily practice, and criticize them, by the mistakes and erors of a handful??
If medicine doctors and surgeons in India, were commiting THOSE MANY mistakes,,,,we would know of that already,,,(we read the medical reports of malpractice in scientific magazines) not daily newspapers from India,,,we dont have the time nor the patience...
There is nothing special about the mistakes of doctors in India, in comparison with other countries...
Or....have you seen any serious comparison of your reports??? where did you obtain your info??

I hope it does not come from Readers Digest ( i.e. "I am the malpractice of John, I am the mistaken amputated hand of John "etc).....
Before you criticize any of those "facts" please, put and cite your reliable sources straight, so we can comment on those...
Boy...you are not too picky with your info and sources...are you???
For sure, a medicine doctor, did not study all that many years and sleepless nights, to fuel your anxiety to find "criminal mistakes".. or attempt against anybodies life,,,,,,,,.are You a Judge?...(Justice miniister I mean)..
I dont think so....

Answer 3

The Indian criminal justice device is horribly dysfunctional. that's totally complicated to document quotes (those could be civil, no longer criminal quotes) against all and sundry, no longer to point a physician. except you have plenty and a great number of money to spend on the main suitable recommend, you will lose. basically pass to a distinctive wellness facility.

Answer 4

Any mistake/neglegence done by any Qualified doctor by MCI [which is not expected according to his/her recognised by MCI qualification/degree ]will be considered as rash act for him/her and every neglegence in providing service and any fault in appliying his/her knowledge to deal the case as per his/her knowldge that was expected as per his/her degree will be considered as rash act and is punishable under section IPC/134/134A or through consumer court[CPA],depending on the willingness of party/patient.HOwever Application of IPC 134A is not possible without permission of/ HOme or Health Department, Govt. of West Bengal in West Bengal, India.For consumer court dammage suit can be done Not the Jail.

Answer 5

India is not a lawless country. Doctors do get prison term. But most victims of negligent treatment by doctors settle for an out of court arrangement for lavish cash compensation.