Settled Legal Position That Medical Negligence Can Only Be Gauged By Field Experts: J&K&L High Court
The Jammu & Kashmir & Ladakh High Court on Monday while answering a question as to how the negligence of a professional doctor is to be gauged, maintained that only experts can certify negligence on the part of the doctor. The observations came from Justice Wasim Sadiq Nargal while dismissing a petition seeking direction to the respondents to pay compensation to the tune of Rs 20 lakh...
The Jammu & Kashmir & Ladakh High Court on Monday while answering a question as to how the negligence of a professional doctor is to be gauged, maintained that only experts can certify negligence on the part of the doctor.
The observations came from Justice Wasim Sadiq Nargal while dismissing a petition seeking direction to the respondents to pay compensation to the tune of Rs 20 lakh for the death of her husband, who died due to negligence of doctors, registration of case for criminal negligence.
Taking recourse to the available record, the bench noted that in order to ascertain whether there was any medical negligence on the part of respondent during treatment/operation of Jai Kumar on 10.01.2013 in Govt Hospital Sarwal, an Inquiry Committee comprising of Dr Ramesh Gupta, Medical Superintendent, Govt. Hospital Gandhi Nagar, Jammu (chairman), Dr. Anoop Singh Manhas, State Veneriologist, DHS, Jammu (Member) and Dr. Rakesh Gupta, Consultant Govt. Hospital, Gandhi Nagar, Jammu (member) was constituted vide order dated 16.02.2013.
Perusal of the inquiry report revealed that the Inquiry Committee had opined that the patient was managed as per the standard protocol and no negligence on the part of the treating doctor was found by them.
The moot question that fell for adjudication before the bench was as to how and by which principle, negligence of a professional doctor was to be decided so as to hold him liable for his medical acts/advice.
Adjudicating upon the matter, Justice Nargal observed that only experts can certify whether there was any negligence on part of the doctor or not and it is apparent from enquiry reports conducted by the experts in the field that there was no negligence on part of respondent while treating the deceased.
Taking note of the fact that the experts had already found no negligence on part of respondent and the FIR lodged against respondent in the instant matter too stands quashed along with proceedings emanating therefrom, the bench found the allegations of negligence unfathomable.
Deliberating on the issue of me negligence the bench also found it worthwhile to record the observations of supreme court in Jacob Mathew v. State of Punjab and another, (2005) wherein SC observed,
"To prosecute a medical professional for negligence under criminal law it must be shown that the accused did something or failed to do something which in the given facts and circumstances no medical professional in his ordinary senses and prudence would have done or failed to do. The hazard taken by the accused doctor should be of such a nature that the injury which resulted was most likely imminent".
Applying the ratio of the Apex court judgement supra Justice Nargal further observed ,
"the claim of the petitioners, when considered in the light of two inquiry reports submitted by the expert bodies, merits rejection as the two expert bodies have exonerated the respondent and no negligence on his part was found. When negligence of respondent was not proved and he was given clean chit by the experts in the field, question of compensation on account of alleged negligence on part of respondent does not arise".
For the foregoing reasons the court Court dismissed the petition alongside all connected applications.
Case Title : Pooja Sharma & Ors Vs State of J&K & Ors.
Citation : 2022 LiveLaw (JKL) 269
Coram : Justice Wasim Sadiq Nargal