Though it depends on the detailed facts of the case whether an offence under Section 337 of the IPC ("Causing hurt by act endangering life or personal safety of others") could be made out, from the facts mentioned by you it is possible that such an offence may be made out. If the doctor did not have sufficient training in conducting surgery of that type, and/or if he had no such professional qualifications or experience, then it may be termed as a rash or negligent act.
Section 337 of Indian Penal Code is reproduced as under:
“337. Causing hurt by act endangering life or personal safety of others.—Whoever causes hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.”
In somewhat similar situation, in the case of Emperor v. Gulam Hyder Punjabi, AIR 1915 Bom 101 (Bom) : 1915 Cri LJ 437 (Bom), the accused, a Hakim, had performed an operation with an ordinary pair of scissors, on the outer side of the upper lid of the complainant's right eye. The operation was needless and performed in a primitive way, the most ordinary precautions being entirely neglected. In such circumstances, the Bombay High Court had held that he was liable for conviction under Section 337 of IPC.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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