Legal Question in Criminal Law in India
In a Eye hopsital Free camp 50 patients lost their eye sight due to carelessness of the doctor, Staff and assistants. The management has attributed the cause of Blidness due to the fluids but it is not so. sweepers have assisted the operation and the surgeon was inexperience and fresher.
My question is whether this action can be called Professional negligence as per the Medical Council of India Act and also importantly can Section 320 of IPC can be made out on the Director of the Hospital, Doctor and staff as it is grievous injury as there is permanent privation of sight of either eye- Please give a legal opinion so that a case can be filed. The district collector at the initial period has not ordered FIR to be filed under this section 320 of IPC but ordered only official enquiry. Is it correct on the part of the District Collector-
2 Answer from Attorneys
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