The doctor who did surgery on the wrong side of the patient is punishable under section –
## **Core Concept**
The question pertains to the legal and medical ethics aspect of performing surgery on the wrong side of a patient, which is a serious medical malpractice. This issue is addressed under specific sections of the Indian Penal Code (IPC) that deal with such negligence.
## **Why the Correct Answer is Right**
The correct answer, **Section 304-A**, deals with causing death by negligence. Performing surgery on the wrong side of a patient can lead to severe consequences, including death, due to negligence. Section 304-A specifically states that whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished. This section is relevant because surgical errors, including operating on the wrong side of the body, can be considered acts of negligence.
## **Why Each Wrong Option is Incorrect**
- **Option A:** Section 302 IPC deals with punishment for murder. This is not directly relevant to the scenario of surgical negligence on the wrong side of the patient unless the negligence directly leads to murder charges, which is not specified in the question.
- **Option B:** Section 303 IPC pertains to punishment for murder of a person already sentenced to life imprisonment. This is also not relevant to the scenario described.
- **Option D:** While not provided, typically sections other than 304-A would either not apply to the scenario of negligence leading to potential harm or death due to surgical errors.
## **Clinical Pearl / High-Yield Fact**
A key point to remember is the "Swedish Surgeon Rule" or more formally known as the "Never Event" policy, which includes operating on the wrong patient or the wrong site. Hospitals and surgical teams worldwide implement strict protocols, like marking the surgical site, to prevent such errors. Legally, such negligence can attract severe penalties under sections like 304-A IPC.
## **Correct Answer:** . **304-A**