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august 2009

Supreme Court of India · 2009-08-07

MALAY KUMAR GANGULY vs SUKUMAR MUKHERJEE .

Citation / case number
SC 2004/19304
Court
Supreme Court of India
Petitioner
MALAY KUMAR GANGULY
Respondent
SUKUMAR MUKHERJEE .
Author
S.B. SINHA

Judgment text excerpt

The Supreme Court addressed the issue of medical negligence under Section 304-A IPC, emphasizing that to establish negligence, a complainant must prove that the medical professional failed to exercise reasonable care, leading to the patient's death. The Court held that the standard of care expected from medical practitioners is that of a reasonably competent doctor in the same field, and in this case, the evidence did not sufficiently demonstrate negligence by the doctors involved. Consequently, the appeal was dismissed, affirming the lower court's decision that the doctors were not liable for the alleged negligence.

MALAY KUMAR GANGULY vs SUKUMAR MUKHERJEE . · Niyam