According to recent SC judgment, doctor can be charged for medical negligence under 304-A, only if: AIIMS 12
**Core Concept**
Section 304-A of the Indian Penal Code (IPC) deals with "causing death by negligence," and its applicability in medical cases hinges on the severity of the negligence. The law distinguishes between ordinary negligence and gross negligence, with only the latter qualifying for prosecution under this section.
**Why the Correct Answer is Right**
Gross negligence refers to a serious deviation from the standard of care, involving a reckless disregard for patient safety or a failure to take reasonable precautions. In forensic medicine, the Supreme Court has ruled that only **gross negligence**—not simple or inadvertent errors—constitutes a criminal liability under Section 304-A. This is because such negligence involves a clear breach of professional duty, leading to death, and reflects a culpable mental state beyond mere oversight.
**Why Each Wrong Option is Incorrect**
Option A: Corporate hospitals are not a legal threshold for prosecution under 304-A. The judgment does not differentiate based on hospital type.
Option B: Inadvertent or minor errors (simple negligence) are not punishable under 304-A; they fall under professional misconduct, not criminal liability.
Option C: Simple negligence, even if repeated, is not sufficient for criminal prosecution under 304-A—it lacks the element of gross dereliction of duty.
**Clinical Pearl / High-Yield Fact**
Remember: **Only gross negligence** leads to criminal liability under 304-A. Simple mistakes or errors due to oversight are not punishable—only those involving a reckless or willful breach of duty. This distinction protects medical professionals from being falsely charged for routine mistakes.
✓ Correct Answer: D. Gross negligence