Medical negligence complaint cannot be entertained without opinion of another doctor: Jharkhand HC relief to doctor

Published On 2024-07-05 11:55 GMT   |   Update On 2024-07-05 11:55 GMT
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In a recent judgment, the Jharkhand High Court has stated that a private complaint accusing a doctor of medical negligence cannot be entertained unless prima facie evidence is being produced in the form of credible opinion of another doctor to support the negligence of the accused doctor.

Reiterating the legal precedence set by the Supreme Court in this regard in the cases of Jacob Mathew v. State of Punjab, and Martin F. D’ Souza v. Md. Ishfaq, the Jharkhand High Court observed,

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Medical Negligence Complaint Cannot Be Entertained Without Another Doctor's Opinion: HC Relief To Doctor, Criminal Proceedings Under IPC 304A Quashed



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