Doctor who did surgery on 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 considered a serious medical error. This issue falls under the purview of medical negligence and is addressed in the Indian Penal Code (IPC). Specifically, it relates to the sections dealing with punishment for causing harm or injury due to negligence.
## **Why the Correct Answer is Right**
The correct answer, Section 304-A of the Indian Penal Code (IPC), deals with causing death by negligence. However, in the context of performing surgery on the wrong side of a patient, which can lead to serious consequences but may not necessarily result in death, this section is relevant as it addresses acts done with negligence. Section 304-A states that whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished. Although the question specifies surgery on the wrong side, which might not always result in death but certainly can cause significant harm or injury, the principle of negligence applies.
## **Why Each Wrong Option is Incorrect**
- **Option A:** Section 299 IPC deals with the definition of "Culpable Homicide." This is not directly relevant to the punishment for negligence in performing surgery on the wrong side of a patient.
- **Option B:** Section 302 IPC pertains to the punishment for murder, which is not applicable in cases of surgical negligence unless the negligence leads to death and can be classified as murder, which is not specified in the scenario.
- **Option D:** While not provided, typically, sections not directly related to negligence or specific criminal intent would not apply.
## **Clinical Pearl / High-Yield Fact**
A key point to remember is that "wrong-site surgery" is a preventable medical error. The World Health Organization (WHO) and various medical boards emphasize the use of a "time-out" procedure before surgery to verify the correct site. This error can lead to serious consequences, including legal action under IPC sections related to negligence.
## **Correct Answer:** . Section 304-A