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eMediNexus 12 September 2021
The MCI Code of Medical Ethics 2002 has prescribed regulations related to punishment and disciplinary action in Chapter 8.
Note: Appropriate medical council means state medical council. State medical council can only hear cases of professional misconduct. The state medical council can hear either in person or through pleader.
Note: The use of the word “MAY” here signifies that the Council has a provision to even pardon or leave him with warning.
In Jacob Mathew’s case (334 / 2005 / SCI / 144-145 of 2004: Jacob Mathew vs State of Punjab and Anr: 5th day of August 2005), the Hon’ble Supreme Court of India has stated that “Generally speaking, it is the amount of damages incurred which is determinative of the extent of liability in tort; but in criminal law it is not the amount of damages but the amount and degree of negligence that is determinative of liability… a clear distinction exists between "simple lack of care" incurring civil liability and "very high degree of negligence" which is required in criminal cases.” “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.”
Note: Deficiency of service and simple negligence only attracts the law of torts. The very fact doctors are covered under indemnity act means that they are liable for trial for awarding compensation to the complainant.
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