Martin F. DSouza vs Mohd. Ishfaq, 3541 of 2002, dated 17.02.2009

“… It has been stated that simple negligence may result only in civil liability, but gross negligence or recklessness may result in criminal liability as well. For civil liability only damages can be imposed by the court but for criminal liability the doctor can also be sent to jail (apart from damages which may be imposed on him in a civil suit or by the consumer fora). However, what is simple negligence and what is gross negligence may be a matter of dispute even among experts.”