no doctor can be arrested under section 304, 304-A, even if there is some negligence.
according to apex court in the criminal appeal nos : 144-45 of 2005 ------
to arrest a doctor, high degree of negligence is necessary.
simple lack of care or error can not form the basis for criminal prosecution.
even with above order -if police arrests any doctor -- the doctor can initiate "contempt of court" against those police.
so, its our request to all police authorities- - --
please follow the supreme court order in the cases of doctors negligence.
DR.CH.SRINIVASA RAJU- GENERAL SECRETARY- IMA-A.P. STATE
Wednesday, October 29, 2008
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