Expert opinion necessary to prosecute doctor under 304A

Dismissing a plea filed by a patient, who had accused a gynaecologist and a nurse of medical negligence during the delivery of her child leading to the death of the baby, the Kerala High Court has recently clarified that complaints concerning medical negligence may not be entertained unless a credible opinion supporting such a claim could be produced by the complainant.

Observing that the complainant couldn't produce any such evidence, the HC bench comprising of Justice Kauser Edappagath dismissed the plea and clarified, "...a private complaint alleging medical negligence may not be entertained unless the complainant has produced prima facie evidence before the court in the form of a credible opinion given by another competent doctor to support the charge of rashness or negligence on the part of the accused doctor."

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Criminal Medical Negligence Complaints May Not Be Entertained Without Credible Expert Opinion: Kerala HC