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May 8, 20233 min read

Which Documents Are Required To Register A Criminal Charge Against Doctor

Medical malpractice, as the term implies, is misbehaviour on the part of a medical professional or doctor who fails to provide adequate care, harming the patient as a result and violating their professional obligations.


Medical Negligence is made from the words "medical" and "negligence," respectively. Negligence is defined as an action committed carelessly by one person that causes predictable harm to another. According to the Indian Penal Code, Indian Contract Act, Tort, and other laws, negligence is a crime.


As professionals, doctors are considered to be specialists in their field, and every patient who comes or gets treated by a doctor hopes to be treated or cured and not abused and damaged even more. Medical negligence is a major offense in India. Doctors must exercise caution when carrying out their duties because doing so could put the patient in danger and even mean the difference between life and death.


Criminal Charges against a Doctor


The Indian Penal Code of 1860 contains various sections that state that anyone who acts recklessly or carelessly and endangers the lives of others, jeopardizes their own safety, or kills someone is punishable by fines and/or imprisonment.

  • The court has highlighted that in a medical negligence case where a criminal accusation is being examined, it is necessary to prove that "Mens Rea" was present.

  • According to the Indian Penal Code, anyone who does any careless conduct that puts a person's life in danger may be charged criminally under Section 337, Section 338 and Section 420 of the Indian Penal Code.

  • A fine of up to 500 rupees or six months in prison is the possible penalties under Section 337 of the Indian Penal Code.

  • A fine of up to 1000 rupees or two years in prison, or both, is the possible penalties under Section 338 of the Indian Penal Code.

  • A criminal complaint may also be lodged under the virtue of Section 420 of the Indian Penal Code if a doctor falsifies paperwork, embezzled funds, or intentionally hurts a patient in the name of medical care. It offers either a fine or a maximum seven-year sentence in jail.

Criminal Charge against a Doctor: Required Documents

The level of medical negligence can frequently be determined by carefully reviewing the relevant medical records and related paperwork. In order for the claim to be successful in court, medical negligence must be proven to have occurred. Most documentation contains that proof. Some of them are as follows-

  • Medical Information Records- In a case of medical malpractice, the medical records typically present the case. The details of the care you most likely received can be found in your medical information records. Let's say someone doesn't have copies of their own medical information records, at the very least. In that situation, one should give the lawyer the names of the physicians and medical facilities they have seen so they can request their medical information records.

  • Prescription of the Usage of Drug- The name of the drugs, the dates of expiration, and the dosage and amounts of any medicines that were previously prescribed to the patient must be disclosed to the lawyer.

  • Summary of the Documents of Discharge- Hospital discharge reports are among the most important records used to give post-hospital carers information on a patient's treatment strategy. In order to file any claims of medical malpractice against any doctors, the lawyer needs a copy of the discharge summary.

  • Reports of the Diagnosis Performed by the Doctor- They are a collection of data that a diagnostic service offers after an inquiry procedure. It contains the evidence the attorney needs to bring fully-proven criminal accusations against a doctor, such as test results, pictures of the injuries, etc.

  • Details about the Medical Invoices and Bill- The information that one's lawyer will need is the expense of healthcare and therapy. Any medical expenses or invoices should be maintained on file so they can be used as proof that the doctor has engaged in any type of fraud or illegal behaviour.

You will need the help of a lawyer to put criminal charges on a doctor for medical negligence. If you need the help of lawyers to put criminal charges on your doctor for medical malpractice in Hyderabad, then Criminal Lawyers In Hyderabad can be hired, and if you need the help of lawyers to put criminal charges on your doctor for medical malpractice in Kolkata, then Criminal Lawyers In Kolkata can be hired. Similarly, Criminal Lawyer In Delhi can be employed if you need the help of lawyers to put criminal charges on your doctor for medical malpractice in Delhi.


At Lead India, you can consult and talk to lawyers there. You can obtain free legal advice online as well as ask a legal question online for free to lawyers for consultation at Lead India.


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