Section 82 - Special provision as to medical or surgical treatment

A person who in good faith, for the purposes of medical or surgical treatment, intentionally causes harm to another person which, in the exercise of reasonable skill and care according to the circumstances of the case, is or ought to have known to be plainly improper, is liable to punishment as if the harm had been caused negligently, within the meaning of this Act, and not otherwise.

Illustration

A surgeon, through gross negligence, amputates a limb where the necessity to amputate did not arise. The surgeon is not liable to be convicted of having intentionally and unlawfully caused harm, but is liable to be convicted of having negligently and unlawfully caused harm.