Question

Under which Section of IPC, Professional Negligence is often invoked against medical professionals in cases alleging professional negligence?

• A. 303A
• B. 304A
• C. 302
• D. 305

Hint:

Medical negligence causing death falls under the general provision for death by negligence, which is Section 304A of the IPC. Remember that for doctors, the legal standard is "gross negligence," which is much higher than ordinary civil negligence.

Answer 1

The Correct Option is B

Professional negligence by a medical professional that results in the death of a patient is most commonly prosecuted under Section 304A of the IPC, which deals with "Causing death by negligence." This section applies to deaths caused by a rash or negligent act not amounting to culpable homicide. It's important to note that the Supreme Court, in cases like *Jacob Mathew v. State of Punjab*, has established a very high standard of 'gross negligence' for holding a doctor criminally liable, to protect them from frivolous litigation. The other sections are irrelevant: 302 is for murder, 305 is for abetment of suicide of a child, and 303A does not exist.