Private Medical Negligence Complaint Not Maintainable Without Expert Opinion Of Another Doctor Supporting Allegations: Jharkhand High Court
The Jharkhand High Court has ruled that a private complaint against a doctor cannot be considered unless there is prima facie evidence supported by a credible opinion from another doctor indicating medical negligence by the accused.Single Bench of Justice Sanjay Kumar Dwivedi said, "it is crystal clear that a private complaint may not be entertained unless the complainant has produced prima...
The Jharkhand High Court has ruled that a private complaint against a doctor cannot be considered unless there is prima facie evidence supported by a credible opinion from another doctor indicating medical negligence by the accused.
Single Bench of Justice Sanjay Kumar Dwivedi said, "it is crystal clear that a private complaint may not be entertained unless the complainant has produced prima facie evidence in the form of credible opinion given by another doctor to support the charge of rashness or negligence on the part of the accused doctor. It appears that to allow the proceeding to continue, will amount to an abuse of the process of law."
The ruling came while the Court was addressing a petition to quash criminal proceedings, including order taking cognizance for the offence under Section 304-A of the Indian Penal Code (IPC) against the accused-doctor.
The complainant, younger son of a deceased woman, alleged that his mother died due to severe medical negligence by the accused-doctors.
In 2011, the deceased woman experienced weakness and difficulty urinating, leading her to be taken to the hospital. After consulting with the petitioner, she was admitted to the CCU for a urinary tract infection. The petitioner prescribed some medications and suggested administering insulin due to her high blood sugar.
Complainant alleged the hospital provided limited care and support, primarily prescribing medications that had to be purchased from an affiliated shop. Additionally, the hospital charged some fees even after the patient's death, and the complainant was unaware of the exact cause of death, he added.
Upon reviewing the deceased's medical records, the complainant said he discovered that his mother died from an excessive administration of insulin. Furthermore, the instrument used to monitor glucose levels was faulty, resulting in incorrect blood sugar readings. Consequently, a case was filed against the petitioner doctor.
The Court referred to the Supreme Court's decision in Jacob Mathew v. State of Punjab, (2005), which established guidelines for prosecuting doctors accused of criminal rashness or medical negligence.
Additionally, the Court cited the Supreme Court's ruling in Martin F. D' Souza v. Md. Ishfaq, (2009), which stressed the importance of consulting a competent doctor or a committee of doctors specialized in the relevant medical field when assessing claims of medical negligence.
Consequently, the Court allowed the petition and dismissed the criminal proceedings against the petitioner doctor.
Case Title- Dr. Suman Kumar Pathak @ Dr. S.K. Pathak v. The State of Jharkhand
LL Citation: 2024 LiveLaw (Jha) 110