Criminal Negligence in Medical Practice: Understanding the Difference Between Civil and Criminal Liability In India today, almost any medical complication, clerical mistake, or adverse outcome can rapidly be converted into an allegation of “criminal negligence” through pressure from police authorities, lawyers, political influence, or public outrage. This trend is becoming increasingly dangerous for medical professionals. Of late, several legal and regulatory developments appear to encourage the criminalization of medical practice itself.
Therefore, it is extremely important for doctors to clearly understand the distinction between civil negligence and criminal negligence. The cornerstone of criminal law is the concept of mens rea — the “guilty mind.” In criminal jurisprudence, liability does not arise merely because an unfortunate event occurred. A crime generally requires two…