Medical negligence

22 August, 2014

The appellant, a registered Homoeopathic medical practitioner under the Madhya Pradesh Homoeopathic and Bio-chemic Practitioners Act, 1951, issued a pamphlet advertising that he inter alia treated Naru (guinea worm). Believing this, Smt. Deobi, aged about 20 year visited the appellant's clinic along with some member of her family, for treatment. The appellant administered 24 drops of mother tincture stramonium and a leaf of dhatura. However, soon after taking the medicine, Deobi felt restless and ill and despite administration of antidotes, she died the same evening. In the trial for murder under section 302 of the IPC, the appellant was convicted. When the matter reached the Apex Court, the Court considered whether. In view of the nature of the appellant' offence he was rightly convicted under s 302 of the IPC.