differences of civil n criminal negligence

1. Amalina
Aminuddin
067
DIFFERENCES OF
CIVIL AND CRIMINAL
NEGLIGENCE

2. Civil negligence
 Simple absence of care
and skill
Criminal negligence
 Gross carelessness and
scant regard for
patient’s welfare
NEGLIGENCE

3. Civil negligence
 No special violation of
law
Criminal negligence
 Wilful, wanton, or even
culpable negligence
OFFENCE

4. Civil negligence
 Civil court
Criminal negligence
 Criminal court
TRIAL

5. Civil negligence
 Consent of patient
=good
 Contributory negligence
= defence
Criminal negligence
 Consent of patient =
inadequate
 Contributory negligence
= not constitute
defence
DEFENCES

6. Civil negligence
 Pay damages
Criminal negligence
 Section 304 (A) IPC
[death]
PUNISHMENT

7. Civil negligence Criminal negligence
• Simple absence of care and skill • Gross carelessness and scant
regard for patient’s welfare
• No special violation of law • Wilful, wanton, or even culpable
negligence
• Tried by civil court • Tried by criminal court
• Consent of patient amounts to
good defence
• Consent of patient not adequate
defence
• Contributory negligence can be
cited as defence in court
• Contributory negligence does not
constitute defence in court
• Liable to pay damages • Section 304 (A) IPC [death]

8. A doctor caves in and give medicine X
after a patient begs for it while aware of
the consequences.
Later, the patient is found dead due to
overdose of medicine X.
Is it criminal negligence?

9. WHICH OF THE FOLLOWING IS NOT
CRITERIA OF CIVIL NEGLIGENCE ?
Trial by civil court
Need to give monetary compensatory
Simple absence of care and skill
Patient’s consent can be considered defense
Contributory negligence not considered defense

10.  VV Pillay, Textbook of Forensic Medicine and Toxicology, 15th
edition
 Krishan, Textbook of Forensic Medicine and Toxicology.
 http://www.latlaw.com/index.php/firm-news-articles/articles-
2010/88-when-does-medical-negligence-become-criminal
REFERENCES