Martin D'Souza Safeguard
Definition
The procedural protection from Martin D'Souza v. Mohd. Ishfaq (2009) 3 SCC 1 requiring that before registering a criminal case against a doctor under IPC § 304A (now BNS § 106), the investigating officer must obtain a prima facie opinion from a competent medical authority or medical board. Failure to do so renders the registration an abuse of process.
Related terms
- BNS § 106
- Section 106 of the Bharatiya Nyaya Sanhita 2023, reproducing the substance of IPC § 304A (causing death by negligence). Sub-section (1) applies...
- Bolam Test
- The UK standard for medical negligence from Bolam v. Friern Hospital Management Committee (1957) 1 WLR 582: a doctor is not negligent...
- Bolitho Qualification
- The qualification to Bolam from Bolitho v. City and Hackney HA (1997) 4 All ER 771: the responsible body of medical opinion...
- Helling V. Carey (1974)
- Washington Supreme Court case in which ophthalmologist Thomas Carey was held negligent for not performing tonometry on a patient under 40, despite...
- Jacob Mathew Test
- The framework from Jacob Mathew v. State of Punjab (2005) 6 SCC 1 for criminal medical negligence under IPC § 304A (now...
- Montgomery V. Lanarkshire (2015)
- UK Supreme Court case replacing the Bolam test on risk disclosure with a patient-centred test: a doctor must take reasonable care to...
- NMC (India)
- The National Medical Commission, established under the NMC Act 2019, replacing the Medical Council of India. Comprises four boards (UGMEB, PGMEB, ARB,...
Explained in
- Medical Negligence and the Duty of CareThe procedural protection from Martin D'Souza v. Mohd. Ishfaq (2009) 3 SCC 1 requiring that before registering a criminal case against a doctor under IPC § 304...