In a recent judgment in Dr BC Jain v Maulana Saleem, Madhya Pradesh High Court framed guidelines for the prosecution of doctors working in a government hospitals who are accused of medical negligence resulting in death. The guidelines will have a persuasive effect over all cases of medical negligence.
Saleem had filed a criminal complaint against Dr Jain and a magistrate had issued a summons for the doctor to face trial, which was challenged by Dr Jain before the sessions court. On dismissal of the challenge, Dr Jain approached the high court.
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The high court quashed the proceedings against the Dr Jain. Noting that such cases are on the rise, the court framed the following guidelines for dealing with them, after analysing judgments by the Supreme Court:
- An enquiry shall be conducted by a medical board constituted within seven days of requisition by the police, administration or the directions of a court, tribunal or commission.
- A doctor on the medical board must be at least as senior and experienced as an associate professor.
- The doctor against whom such negligence is alleged has the right to reply.
- The medical board shall endeavour to submit its report within 60 days.
- The police can register a first information report only if the medical board’s report has held the doctor prima facie guilty of a gross negligence.
- No order shall be made under the Code of Criminal Procedure, 1973 (CrPC), unless the complaint is accompanied by the report of a medical board with a prima facie finding of gross negligence on the part of the doctor.
- If the medical board finds gross negligence, the court concerned shall direct the police to seek sanction under section 197 CrPC from the state government, which shall either grant of refuse sanction within 30 days. The police shall convey the decision to the court concerned, which shall either dismiss the complaint under section 203 CrPC or issue process under section 204 CrPC and try the case.
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The dispute digest is compiled by Bhasin & Co, Advocates, a corporate law firm based in New Delhi. The authors can be contacted at lbhasin@bhasinco.in or lbhasin@gmail.com. Readers should not act on the basis of this information without seeking professional legal advice.
