In this case the medical practitioner has deviated from a standard which he was bound to apply viz. Culpable negligence is acting without the consciousness that the illegal and mischievous effect will follow, and in circumstances, which show that the professional has not exercised the caution incumbent upon him. The imputation of criminality arises from the neglect of the civic duty of circumspection. Also, neither intention nor knowledge should enter into the act or omission since both are excluded by the section by having the words 'not amounting to culpable homicide' following the doing of any rash or negligent act. Negligence then is culpable carelessness.
Negligence imports that a person is acting carelessly and without design.
Carelessness excludes wrongful intention. Negligence and intention are mutually inconsistent mental attitudes of a person towards his acts and their consequences. No result which is due to carelessness can also have been intended. Nothing which was intended can have been due to carelessness. Carelessness, however, does not necessarily consist in thoughtlessness or inadvertence though this is its commonest form.