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Finalize Rules for arrest of doctors: Court tells government


Finalize Rules for arrest of doctors: Court tells government

Chennai: Responding to the grave issue of doctors being harassed in the name of medical negligence cases and the absence of clear cut state government guidelines to the police laying down the conditions of Doctors’ Arrest, the Madras High court recently directed the Tamil Nadu Government to take out a Government order to this effect

The court directed strict enactment of the guidelines laid in the government order related to the filing of an FIR against doctors or before beginning any persecution of medical professionals.

The decision came in response to a petition filed by one Dr K. Thangamuthu , which demanded directions to the TN government to frame statutory rules or executive instructions incorporating guidelines as per the orders of the Supreme Court, in consultation with the Medical Council of India, pursuant to the recommendations of Ethics Committee.

The doctor pointed out that despite there being various guidelines framed by the honourable courts as well as various governments, the doctors in Tamil Nadu have to go serious harassment in the name of medical negligence cases and work under fear of arrest

Read Also: 304 A should be applied only when medical negligence is gross: Calcutta High Court

The Medical Dialogues team earlier reported that the Madhya Pradesh High Court had framed clear guidelines before lodging FIR and arresting Doctors in the offenses of Sec.304-A of IPC.

According to the guidelines issued by the Government regarding the issue, all allegations relating to negligent conduct on the part of a doctor needs to be first taken up by the Medical Board.

The doctor against whom such negligence is alleged shall be given an opportunity by the Medical Board to give his reply/explanation in writing and if the doctor so desires to be heard personally, he shall be given such an opportunity by the Medical Board. However, if the Medical Board is of the opinion that the request for personal hearing is with the intent of procrastinating the proceedings before the Board, it may, for reasons to be recorded, waive the opportunity of a personal hearing and proceed to decide the case on the basis of the documents/treatment record and give its finding.

Read Also:Court lays down 7 point Guidelines for Arrest of Doctors under section 304-A

The Medical Board shall endeavour to complete the exercise within sixty days from the date on which it is constituted and upon completion of the enquiry, submit the report to the Police. The police shall not register an FIR against such a doctor in the absence of the report of the Medical Board referred hereinabove and also, only when the report by the Medical Board has held the doctor prima facie guilty of Gross Negligence and not otherwise.

These guidelines are based on various court judgements and law of the land in the matter. However, in many cases, guidelines were not followed and cases were registered without an expert committee’s reference.

The Medical Dialogues only recently reported that the Punjab and Haryana High Court quashed an FIR that was against a doctor under IPC Section 304-A for causing death by negligence despite the fact that he was absolved by the expert committee

Read Also:FIR under IPC 304A quashed: Surgeon gets relief for death at home post-op

Another issue is that doctors in cases of medical negligence are being booked under IPC section 304 ( culpable homicide not amounting to murder) rather than IPC 304A that deals with medical negligence

Read Also:Doctors cannot be prosecuted under Culpable Homicide: Gujrat HC

It is reported that the Madras High court while hearing of the petition was explained that the case was already referred earlier where it was clarified that the guidelines had already been issued earlier in 2008. The court then directed that a GO be issued to this effect reports the Deccanchronicle.

“Considering the fact that the guidelines were already issued through a GO dated July 4, 2008, and in view of the fact that those guidelines are stated to be still in force, this petition is disposed of, by recording the facts and circumstances,”

 

 

Source: with input
8 comment(s) on Finalize Rules for arrest of doctors: Court tells government

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  1. user
    ravikumarbhaskaranmenon February 14, 2019, 3:20 pm

    What about giving Ampicillin for pain relief as per the gynecologist in consumer forum Kollam. The 100% normal victim died instantaneously.
    Charged under I.P.C 304 Part II.
    Should have been I.P.C. 302 invoking I.P.C. 300(3) in which there is no intention to kill.
    9349312325 Whattsapp.

  2. user
    Dr.Ajay Kumar Gupta MBBS, MD(FMT) February 13, 2019, 10:41 pm

    Section 304A IPC under which Drivers who were driving the motorcycle/car/bus/truck rashly & negligently without caring for safety for pedestrians & other road users can\’t be applied for booking treating/operating Doctor/Surgeon only on the basis of a complaint lodged by relative of patient; it would be better to accept the FIR and arrange for a Medicolegal PostMortem examination by TWO Senior PTOFESSORS of FORENSIC MEDICINE of different MEDICAL COLLEGES under VIDEOGRAPHY in presence of an experienced CRIMINAL LAWYER who acted as a DEFENSE LAWYER in such type of Cases.

  3. The problem is expert opinion will be favourable to the doctor. This is the reason why patient bystanders man handle doctors.

  4. Govt authorities violates the guidelines even if framed,there are going sitting in administration ,they must be taught strict lesssion as they have become corroupt.

  5. There won\’t be any change in mentality of police and public till some action is not taken against police and complainant for filling bogus case against doctors for harassment

  6. LET ME MAKE IT CLEAR, DUE TO MISTAKE OF THE SO CALLED HIGHER-UPS , STARTING FROM THE HEALTH SECRETARIES ( BABUS THE BUEROCRATES) .D ME VICE-CHANCELLOR, DEAN DIRECTOR , PRINCIPAL, MEDICAL SUPERINTENDENT , AND HODs . ALL KINDS OF PROBLEMS ARISES IN THE MEDICAL COLLEGE TEACHING HOSPITALS . THEY BELIEVE HIERARCHY , BOSSISM, HAVING ADVANTAGE OF POWER POSITION POST PRIVILEGES , THEY DUMP ALL SORTS SUBSTANDARD EQUIPMENTS DEVICES DRUGS, DISINFECTANTS, INSTRUMENTS IMPLANTS , CONSUMABLES AND DISPOSABLES , IN MOST OF THE MEDICAL COLLEGE HOSPITALS. AND FROM DAY ONE STARTING FROM INERTNS, JR 1…. WILL LEARN / PICKUP DOING ODD THINGS ( WRONG THINGS). WITH IN COUPLE OF DAYS , THEY BECOME PART OF THIS WRONG SYSTEM. THEY GET STUCK WITH THE UGLY SITUATION FOR EVER . THE ONLY DIFFERENCE IS SOME IS LESS , SOME OTHERS WILL BE MODERATE , SOME WILL EVEN ENJOY BEING BAD. HERE THERE IS NO MEANING BLAMING INDIVIDUAL DOCTOR/ S. BECAUSE REAL PROBLEM LIES AT THE TOP- THE BUEROCRATES LAWMAAKERS ( GOVERNENCE ). SECOND LEVEL – D M E, DEAN, DIRECTOR ( SIGNING AUTHORITY at the MEDICAL COLLEGE level) , MEDICAL SUPERINTENDENT CONCERNED WITH HOSPITAL ADMISSIONS, NEXT COMES THE HODs & UNIT CHEIFS . UNLESS AND UNTIL THE PROBLEMS ARE FIXED / RECTIFIED AT THE TOP BIG BAD UGLY HOLES – WHOLE SALE LOOTERS THINGS RELEATED TO MEDICAL EDUCATION AND HEALTH CARE CAN NEVER IMPOROVE FOR SURE . IF ANY BODY HAS DOUBTS , THEY CAN INVITE ME OPEN DISCUSSION UNDER AUDIOVISUAL RECORDINGS . THIS IS FOR THOSE WHO BELIEVE HIERARCHY BOSSISM HAVING ADVANTAGE OF POST, POSITION , PLACEMENT WITH OUT POSITIVE MINDSET. THE BIGGEST PROBLEM OF OUR COUNTRY ILLQUALIFIED, NON-PROFESSIONAL SITTING AT TOP AS ADMISTERS , SPECIALLY THE B A PASSED OUT BABUS THE BUEROCRATES. LOOK AT THE DIFFERENCE BETWEEN PRIVATE HOSPITALS , THEY DON\’T EVEN ALLOW SOME LIKE BABU TO ENTER THEIR OFFICE AS AN ADMISTERS. THATS WHY THEY ARE SO SUCCESSFUL . IF HOSPITALS ARE WELL MANAGED , INSTEAD BEGGING MONEY FROM THE BABUS SITTING IN AIR-CONDITIONED ROOMS , CAN GERERATE ENOUGH MONEY FOR SELF SUSTAINCE. ONE SUCH KIDWAI CONCER INSTITUTE OF BANGALORE COULD SERVIVE ON ITS OWN WITH OUT GETTING SUPPORT FROM THE GOVERNMENT ( AS IT WAS TOLD ME BY ONE OF CLASSMET ,WHO WAS PART IT ). IN ANY BUSINESS INDUSTRY , ORGANISATION HAS TO SUSTAIN ON ITS OWN , OTHER WISE IT IS CALLED SICK INDUSTRY. I REMEMBER RECENTLY THE SUPREME COURT , ASKING ,HIGH COURTS FOR KEEPING APPOINTMENTS OF LOWER COURTS MAGISTRATES VACCANT . THE DEALY OF CLEARING OF LONG PENDING CASES IS MAINLY DUE TO LACK ADEQUATE JUDGES MORE THAN INEFFICIENCY OF THE ADVOCATES. THAT WHY HONARABLE CHEIF JUSTICE CRIED IN PUBLIC SHOWING HIS HELPLESSNESS IN CLEARING OF THE LONG PENDING CASES , SAY AROUND 3 CRORE , WHICH LIKELY TO TAKE MORE THAN 300 YEARS , WITH THIS PACE / SPEED.