Medico-Legal Tip of the day- 19th Oct 2015
Query- incident happened recently with gynaecologist, conducted normal delivery. patient went in to PPH. meanwhile baby expired before paediatrician could reach .mother shifted to higher institute who survived.After 3 days a NGO filed complaint and police did FIR in just 2 hours under sec 316.doctor is on bail now. My questions are
a.whether police can do FIR under any section immediately
b.whether it is valid
c.what are the consequences
d.how to proceed
Answer- There is a lot of ambiguous area in this situation. How come normal delivery was conducted even in absence of paediatrician? Why child died? Whether child received any treatment or not? Whether facilities were adequate or not?
1. Yes, police has power to register case under Section 316 but they can do so only after medical council or a board of doctors give opinion that death in this case was due to medical negligence. This is as per SC Jacob Mathew case. judgement
2. The only solution is to appeal in higher court for quashing FIR or stay on it.
3. Whether PM was done in this case?
My opinion is based sole on small facts mentioned in this case.
With warm regards,
Prof ( Dr ) R K Sharma
MBBS (AIIMS) , MD ( AIIMS), FIAMLE , FICFMT ,
President, Indian Association of Medico-Legal Experts , New Delhi
Former Head, Department of Forensic Medicine, All-India Institute of Medical Sciences, New Delhi
Director , Supreme Medico-legal Protection Services Pvt Ltd
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