Mens Rea in Criminal Medical Negligence

  • Nita Dave
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  • Nita Dave

    Student at Thakur Ramnarayan College of Law, Mumbai, India

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The issue of criminal negligence, particularly regarding the conduct of medical professionals, represents a gray area between civil and criminal law. The focus of this article is the difference between these two types of responsibility. The general arguments to be presented in this article can be classified as an attempt to answer the debates on whether this practice should be unlawful or not, and if so, what should be its methods and punishment criteria. The question of the crime of medical negligence is one that many jurisdictions have attempted to answer, and has been answered by the law in various and vague ways. It is important to understand the differences between courts in different regions on this issue and the legal consequences of these decisions.


Research Paper


International Journal of Law Management and Humanities, Volume 7, Issue 2, Page 1182 - 1193


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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (, which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.


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