LexDraft · Judgments

Malay Kumar Ganguly v. Dr. Sukumar Mukherjee

Supreme Court of India · (2010) 4 SCC 480 · 2010

medical negligence criminal prosecution civil compensation rare exception

Held: Held that criminal prosecution for medical negligence should be rare; civil compensation is the primary remedy.

Ratio decidendi

Criminal prosecution for medical negligence is exceptional; civil compensation is the usual remedy.