Amit Shah: Doctors will get legal shield in cases of medical negligence

NEW DELHI: Union home minister Amit Shah told Parliament on Wednesday that the criminal law bill has been amended to give relief to medical professionals in cases of death caused due to alleged medical negligence.

"Currently, if there is a death due to negligence of a doctor, it is also treated as criminal negligence, almost akin to murder. Hence, I will bring an official amendment now to free doctors from this criminal negligence on the request made in this regard by the Indian Medical Association," Shah said, while replying to the debate on the three bills to replace the IPC, CrPC and Indian Evidence Act in the Lok Sabha.

Currently, cases of medical negligence leading to death often lead to criminal action under section 304 A of IPC. It deals with causing death by negligence. "Whoever causes death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both," IPC section 304A says.

The new law seeks to insulate doctors from criminal prosecution in such cases.

Bharatiya Nyaya Sanhita (second), 2023 contains the concept of 'good faith'. Section 26 A gives the example of a surgeon performing operation on a patient 'in good faith' and not intending to cause her or his death. He conducts the operation for the patient's benefit and hence has not committed any offence.

The Indian Medical Association, which had written to the Prime Minister requesting for exempting medical professionals from criminal prosecution over death caused due to medical negligence, welcomed the move.

Dr Harsh Mahajan, chairman, health services committee of FICCI, said decriminalisation of medical negligence would help doctors in taking correct and bold treatment decisions in critically ill patients and lead to saving of many lives, where doctors may otherwise be fearful of being blamed for negligence and being hesitant in trying their best. "Fear of police and other authorities, and threats of prosecution by relatives, would also lessen," he added.