• “To prosecute a medical professional for negligence under criminal law it must be shown that the accused did something or failed to do something which in the given facts and circumstances no medical professional in his ordinary senses and prudence would have done or failed to do. The hazard taken by the accused doctor should be of such a nature that the injury which resulted was most likely imminent.”  
• ………“ 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”. 
• “Negligence which is neither gross nor of a higher degree may provide a ground for action in civil law but cannot form the basis for prosecution.”  
• In Dr SG vs GNTCT of Delhi, the appellant doctor was accused under Section 304A IPC for causing death of the patient. The operation performed by him was for removing nasal defeormity. The magistrate stated in his judgment that the appellant while conducting the operation gave incision in a wrong part and due to which blood seeped into the respiratory passage causing the patient to collapse and the patient died. The High Court upheld the order of the magistrate observing that adequate care was not taken to prevent seepage of blood resulting in asphyxia. The Apex Court held that from the medical opinions cited by the prosecution, the cause of death was stated as not introducing a cuffed endotracheal tube of proper size in order to prevent aspiration of blood from the wound in the respiratory passage. The Supreme Court held that this act, even if accepted to be true, can be described as negligence as there was a lack of care and precaution. For this act of negligence he was held liable in a civil case but it is not grossly negligent to make him liable in a criminal case.
• For conviction in a criminal case, the negligence has to be of such a high degree that it can be described as completely apathetic towards the patient. 

Suggested Reading

1. 334/2005/SCI/ 144-145 of 2004: Jacob Mathew vs State of Punjab and Anr: 5th day of August 2005: R C Lahoti, CJI: Hon’ble Mr. Justice G P Mathur, Hon’ble Mr. Justice P K Balasubramanyan
2. Dr Suresh Gupta vs Government of N.C.T. of Delhi and another AIR 2004 SC 4091.
3. SCI: 3541 of 2002, dated 17.02.2009, Martin F. DSouza vs Mohd. Ishfaq: Markandey Katzu and G S Singhvi, JJ.