Supreme Court stepped in to check the harassment of doctors in medical negligence cases

The Times of India, Mumbai reports in 18 Feb 2009 edition that-

In a landmark judgment, the Supreme Court on Tuesday stepped in to check the harassment of doctors in medical negligence cases. A division bench of Justice Markandey Katju and Justice G S Singhvi held that consumer and criminal courts would have to seek the opinion of a doctor or a panel of doctors before issuing a notice to a medical practioner or hospital in a case alleging negligence.

The fresh guidelines set by the apex court stipulate that whenever a consumer forum or criminal court receives a complaint against a doctor, it should refer the matter to a panel of experts in the field. Only after the committee reports that there is a prima facie case of medical negligence should a notice be issued to the concerned doctor or hospital.

“This is necessary to avoid harassment to doctors who may not be ultimately found to be negligent,’’ the bench observed.

It added, “The courts and consumer fora are not experts in medical science and must not hold their own views over those of specialists. It’s true that the medical profession has to an extent become commercialised and there are many doctors who depart from their Hippocratic oath for the selfish ends of making money. However, the entire medical fraternity cannot be blamed or branded as lacking in integrity or competence just because of some bad apples.’’

The court underscored that earlier guidelines required the police to seek medical opinion before registering an FIR. Cops flouting medical case norms could face action: SC

Mumbai: The Supreme Court on Tuesday warned police officials against arresting or harassing doctors, and to follow existing guidelines that require the police to seek a medical opinion before registering an FIR in case of a complaint against a doctor.

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