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april 2017

Supreme Court of India · 2017-04-06

Dr. Jayshree Ujwal Ingole vs State Of Maharashtra & Anr

Citation / case number
AIR 2017 SUPREME COURT 2078
Court
Supreme Court of India
Petitioner
Dr. Jayshree Ujwal Ingole
Respondent
State Of Maharashtra & Anr
Author
Deepak Gupta
Bench
Deepak Gupta, Madan. B. Lokur

Judgment text excerpt

The Supreme Court upheld the dismissal of the appellant's petition under Section 482 CrPC to quash criminal proceedings against her under Section 304-A IPC, affirming that the question of negligence would be determined at trial. The Court reiterated the principles established in Jacob Mathew v. State of Punjab, emphasizing that medical negligence requires a legal duty of care, a breach of that duty, and a direct causal link to the injury or death. The Court found that the appellant's actions, particularly leaving the hospital without ensuring the patient's care, warranted further examination in a trial setting.

Dr. Jayshree Ujwal Ingole vs State Of Maharashtra & Anr · Niyam