Leaving (or forgetting) an instrument or sponge in the abdomen of the patient during a surgery and closing the operation is -

Criminal negligence may arise when the doctor shows gross absence of skill or care during treatment resulting in serious injury or death of the patient by acts of commission or omission or when he performs an illegal act. When an assaulted person dies, the defense may attribute the death to the negligence of doctor It is settled by criminal cou and is punished by imprisonment and fine. criminal negligence is more serious than civil negligence Section 304-A I.P.C. Imprisonment up to 2 years or with fine or with both REF: Dr.K.S.Narayana Reddys Synopsis of Forensic Medicine & Toxicology 29th edition Pg.23.