Abhinandan, LLB, National Law University, Odisha
INTRODUCTION
Jacob Mathew v. State of Punjab1 is one of the most defining cases in the legal framework of India which concern themselves with medical negligence and the responsibility bestow on the medical practitioners. The honorable Supreme Court of India, in this judgment has changed the way in which the medical negligence cases are treated and mentioned in India. The honourable Supreme Court has tried to strike a balance between the rights of patients and protection of the medical practitioners from liability for mere negligence that carries far-reaching implications in the health care system and legal dynamics in India.
II. Facts of the Case
Actual origin Facts of the Jacob Mathew case are actually one to grow from a patient who was within the purview of a doctor named Dr. Jacob Mathew, who is a senior doctor of the Christian Medical College Hospital in Ludhiana, Punjab. The complainant, the patient's son, averred that Dr. Mathew killed his father because there was no oxygen cylinder when the patient was in the doctor's care. The applicant further repeated that the asphyxia was due to lack of oxygen from the negligence by the hospital management and Dr. Mathew.
After the complaint, he was brought under Section 304(A) of the Indian Penal Code (IPC), which is relating to death by negligence.
The trial court held that Dr. Mathew was guilty of gross negligence and convicted him under the said section. The High Court of Punjab and Haryana endorsed this conviction and thus the case moved to the Supreme Court which in the end exonerated Dr. Jacob Mathew stating that the evidence was not sufficient enough to prove gross negligence or recklessness on their part.
Comments