If death of a patient occurs during surgery due to the negligence of the surgeon, then he can be charged under: COMEDK 07; DNB 09; NEET 14
**Core Concept**
The question is testing the concept of medical negligence and its legal implications. Medical negligence refers to the failure of a healthcare provider to meet the standard of care expected in a given situation, resulting in harm or injury to the patient. In this context, the question is asking about the legal framework that governs the liability of surgeons in cases of patient harm or death due to negligence.
**Why the Correct Answer is Right**
If a surgeon's negligence leads to a patient's death during surgery, the surgeon can be held liable under the Indian Penal Code (IPC) Section 304-A, which deals with causing death by negligence. This section states that whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment for a term which may extend to two years, or with a fine, or with both. The surgeon's negligence must be proven to have caused the patient's death, and the prosecution must demonstrate that the surgeon failed to meet the standard of care expected in the given situation.
**Why Each Wrong Option is Incorrect**
**Option A:** This option is incorrect because it does not specify the relevant legal provision. While it is true that a surgeon can be held liable for negligence, the question is asking about the specific legal framework that governs such liability.
**Option B:** This option is incorrect because it does not accurately describe the legal provision that applies to cases of medical negligence resulting in patient death.
**Option C:** This option is incorrect because it does not specify the relevant legal provision. While it is true that a surgeon can be held liable for negligence, the question is asking about the specific legal framework that governs such liability.
**Option D:** This option is incorrect because it does not accurately describe the legal provision that applies to cases of medical negligence resulting in patient death.
**Clinical Pearl / High-Yield Fact**
It is essential for surgeons to understand the legal implications of their actions and to maintain a high standard of care to avoid liability for negligence. A key principle in medical law is the concept of "standard of care," which refers to the level of skill and competence expected of a healthcare provider in a given situation.
**Correct Answer: D. IPC Section 304-A**