When it comes to medical negligence, the laws are stacked in favour of doctors as it has to be proved that he did not do something which is ‘normal practice’.A metropolitan magistrate on Tuesday convicted Dr Praful Desai, a senior surgeon, of medical negligence while treating ex-IAS officer PC Singhi’s wife, a cancer patient, 24 years ago. But such cases are rare, say lawyers.The Supreme Court in a judgment last year stated clearly that such cases should be treated differently, and doctors should be able to practice with a free mind. “To prosecute a medical professional for criminal negligence it must be shown that the doctor did something or failed to do something which in the given circumstances no medical professional in his ordinary senses and prudence would have done or failed to do,” the bench noted.“Criminal negligence is most difficult to prove. You need to prove intention. For medical negligence, the lawyer should prove that the doctor has failed to do what he has been required to do.
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