Abbbbbbbbb (Law) 20 December 2021
Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 20 December 2021
No. Bring the matter with evidences to the concerned health authorities. They will file cases. But not yourself.
Aryan Raj 20 December 2021
In response to your query,
Section 304A of the Indian Penal Code (IPC) 1860 provides that anyone who causes the death of another person by a reckless or careless conduct that does not amount to culpable homicide is punishable by two years in prison, a fine, or both. In the Santra Case, the Supreme Court stated that whereas civil law culpability is based on the amount of damages sustained, criminal law liability is based on the amount and degree of negligence. To evaluate criminal culpability in any given case, various components must be proven, including the motive and gravity of the crime, as well as the character of the offender.
As it is clear from the information above that one can be held liable for negligently behaving rashly and in the due course causing death, but mostly these provisions are helpful to protect someone from negligence by a medical practitioner or authorities not many cases are found where a civilian was held liable for medical negligence therefore I would suggest you to inform the concerned authorities in this regard if think that there was any intentional rash behavior by this family member of yours.
Regards,
Aryan Raj