34.
The answer is: B
Explanation
The correct option is B: 304A.
Section 304A of the Indian Penal Code deals with death caused by negligence. It states that whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
This section is often invoked against medical professionals in cases alleging professional negligence, where the patient dies due to the careless or irresponsible conduct of the doctor or the hospital staff. The Supreme Court of India has held that a doctor can be held liable for negligence only if one can prove that he or she is guilty of a failure that no doctor with ordinary skills would be guilty of if acting with reasonable care. The burden of proof lies on the complainant to show that the doctor was negligent and that the negligence caused the death of the patient.
Some examples of medical negligence that may attract section 304A are:
- Performing surgery without proper consent or qualification.
- Administering wrong dosage or medication.
- Failing to diagnose or treat a serious condition in time.
- Leaving foreign objects inside the body after surgery.
- Causing infection or injury due to unhygienic or unsafe practices.