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Dr KK Aggarwal and Ira Gupta    29 December 2017

Sanjeevan Medical Research Centre (Private) Ltd. & Ors. Vs State of NCT of Delhi & Anr Crl.M.C.No. 2358/2010

“The basic and underlying principle of these three judgments* and other similar judgments is that every careless act of a medical man cannot be termed as “criminal”. It can be termed “criminal” only when the medical man exhibits a gross lack of competence or inaction and wanton indifference to his patient’s safety and which is found to have arisen from gross ignorance or gross negligence.”

* Jacob Matthew v. State of Punjab (2005) 6 SCC 1, Martin F. D’Souza v. Mohd. Ishfaq (2009) 3 SCC 1 and Kusum Sharma v. Batra Hospital (2010) 3 SCC 480.

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