HC quashes FIR against doctor who recommended home quarantine to asymptomatic patient
Patna: Holding that the medical practitioner acted in accordance with the guidelines and directions issued by the Ministry of Health and Family Welfare (MoHFW), the Patna High Court has recently stayed the orders issued by the District Magistrate(DM) to lodge an FIR against the doctor for recommending home quarantine to an asymptomatic patient.
This came after the doctor moved a petition with the high court, aggrieved by an order given by the Collector that directed to file an F.I.R. against him and at the same time initiate a legal proceeding. He further proposed the suspension of the doctor to the Disciplinary Authority.
The medical practitioner who was in charge of the quarantine center took samples of four people including one Lalbabu Mahto for testing COVID-19. The petitioner submitted that Mahto was asymptomatic at the time of taking a sample and, therefore, he was allowed to home quarantine itself.
As per the guidelines issued by the Ministry of Health and Family Welfare, Government of India on 10.05.2020 (Annexure 5), if a person whose sample is taken and at the time of taking a sample there appears a very mild case/ presymptomatic case, such person should be allowed to home quarantine.
Disclaimer: This website is primarily for healthcare professionals. The content here does not replace medical advice and should not be used as medical, diagnostic, endorsement, treatment, or prescription advice. Medical science evolves rapidly, and we strive to keep our information current. If you find any discrepancies, please contact us at corrections@medicaldialogues.in. Read our Correction Policy here. Nothing here should be used as a substitute for medical advice, diagnosis, or treatment. We do not endorse any healthcare advice that contradicts a physician's guidance. Use of this site is subject to our Terms of Use, Privacy Policy, and Advertisement Policy. For more details, read our Full Disclaimer here.
NOTE: Join us in combating medical misinformation. If you encounter a questionable health, medical, or medical education claim, email us at factcheck@medicaldialogues.in for evaluation.