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Jacob Matthew v State of Punjab, Schemes and Mind Maps of Constitutional Law

Gujarat Forensic Sciences UniversityConstitutional Law

presentation on the constitutional law

Typology: Schemes and Mind Maps

2021/2022

Uploaded on 04/14/2023

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Jacob
Mathew…………
(Petitioner)
Versus
State of Punjab &
Anr. ……………
(Respondent)
CASE NO.: Appeal (crl.) 144-145 of 2004
DATE OF JUDGMENT: 05/08/2005
CITATION: AIR2005 SC3180; (2005)6SCC1;
2005CRILJ3710
SUPREME COURT OF INDIA BENCH:
CJI R.C. LAHOTI,G.P. MATHUR & P.K.BALASUBRAMANYAN
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Download Jacob Matthew v State of Punjab and more Schemes and Mind Maps Constitutional Law in PDF only on Docsity!

Jacob

Mathew…………

(Petitioner)

Versus

State of Punjab &

Anr. ……………

(Respondent)

CASE NO.: Appeal (crl.) 144-145 of 2004 DATE OF JUDGMENT: 05/08/ CITATION: AIR2005 SC3180; (2005)6SCC1; 2005CRILJ SUPREME COURT OF INDIA BENCH: CJI R.C. LAHOTI,G.P. MATHUR & P.K.BALASUBRAMANYAN

Facts

  • (^) A patient named Jeewan Lal was admitted to a private

ward in CMC Hospital, Ludhiana. At 11 pm of the date

22-02-1995, the patient suddenly had difficulty in

breathing. His elder son, Vijay Sharma called the

nurse and doctor after seeing his father’s condition.

No doctor turned up for about 20-25 minutes. After

that, Dr. Jacob Mathew and Dr. Allen Joseph came to

the room for the patient. The patient was immediately

connected with an oxygen cylinder to his mouth but

the problem increased nevertheless. Apparently, the

oxygen cylinder was found to be empty and no other

oxygen cylinder was available. Vijay Sharma went to

the adjoining room and brought another gas cylinder.

In the midst of this, around 5-7 minutes were wasted.

Issue

  1. Whether there is a difference between civil and criminal law in the concept of Negligence?
  2. Whether there is a test to determine the negligence level through which it will be decided whether the doctor is held liable for the negligence or not?

Rule

  • (^) Negligence was defined as the omission to do something which a reasonable man would do or doing something which a prudent or reasonable man would not do.
  • (^) Essentials of negligence are:
    1. Duty of Care
  1. The Duty must be towards the plaintiff
  2. Breach of Duty to take care
  3. Consequential harm to the plaintiff
  • (^) Bolam’s Test: It is the test carried out to determine whether a doctor or a medical practitioner has breached his duty regarding the care of the patient. The Bolam Test was established from the case of “Bolam v Friern Hospital Management Committee, 1957”.

Analysis

  • (^) A professional may be held liable for negligence on one of the two findings: - either he was not possessed of the requisite skill which he professed to have possessed, or,
  • he did not exercise, with reasonable competence in the given case, the skill which he did possess.
  • (^) The word ‘gross’ has not been used in Section 304A of IPC, yet it is settled that in criminal law negligence or recklessness, to be so held, must be of such a high degree as to be ‘gross’.
  • (^) To prosecute a medical professional for negligence under criminal law it must be shown that the accused did something or failed to do something which in the given facts and circumstances no medical professional in his ordinary senses and prudence would have done or failed to do.
  • (^) Res ipsa loquitur is only a rule of evidence and operates in the domain of civil law especially in cases of torts and helps in determining the onus of proof in actions relating to negligence.
  1. The investigating officer should, before proceeding against the doctor accused of rash or negligent act or omission, obtain an independent and competent medical opinion preferably from a doctor in government service qualified in that branch of medical practice who can normally be expected to give an impartial and unbiased opinion applying Bolam’s test to the facts collected in the investigation.
  2. A doctor accused of rashness or negligence, may not be arrested in a routine manner (simply because a charge has been levelled against him). Unless his arrest is necessary for furthering the investigation or for collecting evidence or unless the investigation officer feels satisfied that the doctor proceeded against would not make himself available to face the prosecution unless arrested, the arrest may be withheld.

Thank You

By: Anirudh Mittal Course: B.Sc.LL.B (Hons.)