Question

Under Section 18 of the BNS, 2023, a surgeon, Dr. A, performs a complex cardiac surgery on patient
B. During the procedure, despite exercising all standard medical protocols and proper care, an unexpected adverse reaction to anesthesia occurs, causing B's death. Post-mortem reveals the reaction was unforeseeable and not attributable to any negligence. Which of the following correctly applies Section 18 to Dr. A's liability?

A Dr. A is liable for culpable homicide because a death occurred during his medical intervention, establishing prima facie liability
B Dr. A is protected under Section 18 because the death occurred by accident or misfortune in doing a lawful act (surgery) in a lawful manner by lawful means and with proper care and caution, without any criminal intention or knowledge
C Dr. A is liable unless he obtained written informed consent specifically mentioning anesthesia reaction risks; Section 18 does not apply to professional negligence cases
D Dr. A must prove that the adverse reaction was scientifically impossible to predict; Section 18 applies only to truly unforeseeable accidents, not medical complications
E Section 18 does not apply to medical practitioners; they are governed exclusively by the Medical Negligence principles under tort law
Practice Next

Relevant for Exams:

Hey! Ask a query