“Currently, if there is a death due to negligence of a doctor, it is also treated as criminal negligence, almost akin to murder. Hence, I will bring an official amendment now to free the doctors from this criminal negligence,” Shah said in the Lok Sabha.
Death of a patient under a doctor’s care is classified as criminal negligence under Section 304A of the Indian Penal Code. The offenders are punished with imprisonment for up to two years or with a fine or both.
In November, the IMA had written to Shah requesting the government to exempt professional medical practice from criminal prosecution and to consider medical negligence only under the law of tort, which entails civil liability.
“The prime component of a crime ie, mens rea is absent between a doctor and the patient during any treatment,” the letter said.
The medical body had also urged the government to define medical accidents in the new Bharatiya Nyaya Sanhita 2023.
“However, we understand that the new law has not taken cognition of the representation of the medical profession. Moreover, as the bill stands today doctors will not only be prosecuted but will be sentenced up to 7 years instead of the current 2 years. We humbly put up to you that the medical profession is greatly disturbed on this count,” the IMA said in the letter.
It further urged the home minister that doctors be treated differently.
“If the government is considering our appeal, we expect a good gesture of at least not raising the punishable years. We once again submit to you to treat doctors differently,” the letter said.
