The Gorakhpur incident reeks of apathy and reflects increasingly on society’s indifference to the life of a child. Medical negligence arises from an act or omission by a medical practitioner, which no reasonably competent and careful practitioner would have committed. What is expected of a medical practitioner is ‘reasonably skilful behaviour’ adopting the ‘ordinary skills’ and practices of the profession with ‘ordinary care’. Essentially, doctors are generally bound to exercise an ordinary degree of care and not the highest possible degree of care. Every civil negligence is not criminal negligence, and for civil negligence to become criminal it should be of such a nature that it could be termed as gross negligence.

Source: Indian Express August 14, 2017 06:33 UTC