Medical treatment or surgical operation, every careless act of the medical man

Reference in this respect can be made to a case from Indian jurisdiction reported as Dr. Suresh Gupta v. Government of NCT Delhi and another (AIR 2004 SC 4091) wherein it was held that:-

“21. Thus, when a patient appears to go for medical treatment or surgical operation, every careless act of the 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. Where a patient’s death results merely from error of judgment or an accident, no criminal liability should be attached to it. Mere inadvertence or some degree of want of adequate care and caution might create civil liability but would not suffice to hold him criminally liable.”

Used in Judgement of 
Lahore High court 
Criminal Proceedings
29246/17