Penal Code negligence provisions
Death or hurt by negligence (including medical contexts) punished by grade — with compensation to patients and families.
Graded terms + patient compensation
Overview
An adverse outcome becomes a criminal allegation fast: negligence causing death, consent disputes, record-tampering claims and consumer complaints can arrive together against the same doctor and hospital. Medicine is judged in hindsight, so contemporaneous records and expert opinion are the whole defence.
We represent doctors, hospitals and clinics in negligence investigations, Nepal Medical Council proceedings, consumer-forum claims and criminal trials — and advise institutions on consent, documentation and incident response that withstands all four forums at once.
Legal framework
The Nepalese laws that govern this area — what each one does in your matter.
Nepal Medical Council Act
Registration, ethics and disciplinary jurisdiction over practitioners, running parallel to any criminal case.
Sanctions up to de-registration
Consumer Protection Act, 2075
Deficiency-in-service claims for treatment disputes, with inspection, corrective orders and compensation.
Inspection + compensation orders
Crime Victim Protection Act, 2075
Patient-side rights to information, interim treatment compensation and participation that shape settlement dynamics.
Interim treatment compensation
Evidence & documentation duties
Consent forms, operative notes and drug charts as the exhibits both sides fight over — completeness is a legal strategy.
How we handle it
Incident lockdown
Records secured, staff accounts recorded, and no blame-fixing communications that become exhibits.
Forum mapping
Criminal, NMC, consumer and civil tracks identified and sequenced — each needs its own response that doesn't contradict the others.
Expert anchoring
Independent specialist opinion on standard of care obtained early; cases are won on what competent practice required, not on outcomes.
Negotiation with care
Structured medical-cost and compensation discussions that acknowledge grief without admitting criminal fault.
Trial & council defence
Parallel advocacy in court and before the Council through to appeal.
Punishments at stake
Negligence findings bring graded imprisonment and fines plus compensation — alongside Council sanctions up to de-registration and consumer compensation orders — all turning on the same records.
Common questions
A patient died and the family alleges negligence. First move?
Secure complete records immediately, brief counsel before any meeting with the family, and commission an independent expert review. Early posture decides whether this becomes a complaint or stays a tragedy.
Can a doctor face both NMC action and a criminal case?
Yes, simultaneously. The two forums use different standards and remedies, so a single response strategy must be designed for both from the start.
Should hospitals settle treatment disputes quickly?
Structured early resolution often serves everyone — but only with documentation that settles civil exposure without creating criminal admissions. Never improvise these conversations.
General legal information for public awareness — not legal advice for your specific situation. Consult an advocate →