Is medical negligence is amount in gross negligence, If yes, then please help me out with following case.
Mr Daman Kentre Is a successful business man and an influential person in society staying in Mumbai.Dr Ramchand Ray is a Plastic surgeon, practicising in Mumbai and is also a family friend of Mr Daman Kentre .Mr Daman Kentre and his wife while returning from Khandala in their car met with an accident.Mr Kentre was safe but his wife was severely hurt and suffered external as well as internal injuries on various parts of her body including her face.Immediately Mr Kentre called on Dr Ramchand Ray who advised him to bring her to his clinic.Mr Kentre took her to Dr Ray’s clinic where Dr Ray examined Mrs Babli Kentre and informed Mr Kentre that she would require a plastic surgery for nasal deformation.He also informed Mr Kentre that she had suffered other injuries which would require treatment from other specialties.Mr Kentre insisted that Dr Ray should begin his surgery and in the meanwhile he would arrange for other specialist and that since he was an influential person he would require no time in arranging for various specialties to come to his clinic to treat Mrs Babli kentre.Unfortunately while performing the surgery Mrs Babli Kentre Died.Post mortem report received revealed that the death was due to a complication arising out of a drug administered for the purpose of performing the surgery.On receipt of the postmortem report Mr Daman Kentre filed a police complaint alleging that negligence by Dr Ray caused the death of his wife.Police after preliminary investigation without taking a medical opinion filed the complaint before the magistrate under section 304-A of IPC
The magistrate was pleased to take cognizance of the offence and issued process without taking a medical opinion Aggrieved by the order of the magistrate Dr Ray filed a criminal writ petition under section 482 of Cr PC in the appellate side of Bombay High Court The Bombay High Court concluded that the Magistrate was wrong to conclude that the doctor was negligent in administering the drug without taking medical opinion but declined to quash the proceedings against the doctor for alleged criminal liability the said order was passed on .Aggrieved by the decision of the Bombay High Court The petitioner Has filed the present petition .
The following are substantial questions of law for consideration before this Hon’ble Supreme Court that have significant implications on medical profession at large while fixing criminal liability on medical professional.
1) Whether Dr Ray was negligent in administering the drug to Mrs. Babli Kentre.
2) If at all he was negligent whether it amounts to criminal negligence.
3) Whether police can proceed and investigate a case of criminal negligence against a Doctor without a second medical opinion.
4) Whether a magistrate can take cognizance of case of medical criminal negligence under 304A without an independent and credible medical opinion.
5) Whether the High Court of Bombay has erred in not quashing the complaint against the doctor.
Please help me out in the above matters