Expert opinion mandatory before prosecuting doctors facing medical negligence charges: HC
Observing that before prosecuting medical professionals facing charges of medical negligence, a Criminal Court needs to obtain opinions from medical experts, the High Court of J & K and Ladakh recently quashed the FIR against a doctor.The HC bench also quashed the directions issued by the Chief Judicial Magistrate of Pulwama directing the SHO, P/S, Pulwama, to register an FIR and...
Observing that before prosecuting medical professionals facing charges of medical negligence, a Criminal Court needs to obtain opinions from medical experts, the High Court of J & K and Ladakh recently quashed the FIR against a doctor.
The HC bench also quashed the directions issued by the Chief Judicial Magistrate of Pulwama directing the SHO, P/S, Pulwama, to register an FIR and investigate the matter alleging that a patient had died after being administered Gravidol-200 mg following the advice of the concerned doctor. Challenge had also been thrown to an FIR lodged for the offence under Section 304-A RPC that has been registered with P/S Pulwama pursuant to the aforesaid direction of the Chief Judicial Magistrate.
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