NO Criminal Case against Doctors without Independent Medical Opinion from Expert in same field: Supreme Court

The investigating officer should, before proceeding against the doctor accused of rash or negligent act or omission, obtain an independent and competent medical opinion; reiterated the Supreme Court while responding to a medical negligence case.

The SC bench stated that this medical opinion should be taken preferably from a doctor in government service qualified in that branch of medical practice who can normally be expected to give an impartial and unbiased opinion applying Bolam’s test to the facts collected in the investigation.

The same pronouncement by the SC was given earlier in 2005 where the apex court had laid down guidelines governing the prosecution of doctors for the offence of criminal negligence, punishable under Section 304A of IPC. That time, the SC had held:

1.A private complaint may not be entertained unless the complainant produces prima facie evidence before the Court in the form of a credible opinion given by another competent doctor to support the charge negligence.

2.The investigating officer should, before proceeding against the doctor accused of negligence, obtain an independent and competent medical opinion, preferably from a doctor in government service qualified in that branch of medical practice.

3.A doctor accused of negligence should not be arrested in a routine manner unless, his arrest is necessary for furthering the investigation or unless there is a flight risk.