Indian Penal Code and Medical Negligence
Indian Penal Code, 1860 sections 52, 80, 81, 83, 88, 90, 91, 92 304-A, 337 and 338 contain the provisions related to medical negligence
A doctor/physician can be charged with criminal negligence when a patient dies due to the negligence of the doctor during treatment, but it needs prima facie evidence.
Section 304A. Causing death by negligence
[304A. Causing death by negligence.—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.]
WHAT TO DO?
Immediate go for second opinion (Should be in writing ) and file a complaint before the CMO of the concerned state/district for investigation.
And file a properly drafted complaint before the concerned SHO also.
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