Whenever a consumer forum or a criminal court receives a complaint against a doctor, it should refer the matter to a panel of experts. Only after the committee reports that there is a prima facie case of medical negligence should a notice be issued to the doctor or hospital concerned.
This is necessary to avoid harassment to doctors who may not be ultimately found to be negligent. Courts and consumer fora are not experts in medical science and must not hold their own views over that of specialists.
The court also warned police officials not to arrest or harass doctors unless the facts were in line with earlier apex court guidelines. Otherwise the policemen will themselves have to face legal action.
This is necessary to avoid harassment to doctors who may not be ultimately found to be negligent. Courts and consumer fora are not experts in medical science and must not hold their own views over that of specialists.
The court also warned police officials not to arrest or harass doctors unless the facts were in line with earlier apex court guidelines. Otherwise the policemen will themselves have to face legal action.
Indian Journal of Medical Ethics
Times of India
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