Patna HC Grants Relief to Orthopaedic Surgeon Over Lack of Expert Evidence - Video

In a recent ruling, the Patna High Court held that criminal prosecution for alleged medical negligence cannot continue against a doctor without prima facie material disclosing gross negligence supported by competent medical opinion.

"The jurisprudence governing medical negligence consistently recognizes the distinction between civil liability and criminal culpability, lest the fear of criminal prosecution erodes independent medical decision making and adversely impacts public health care. The Constitutional guarantee under Article 21 of the Constitution of India encompasses not only the patient’s right to life but also the medical professionals right to practice the profession with dignity, fairness and protection against arbitrary criminal prosecution. In the absence of prima facie material disclosing gross negligence supported by competent medical opinion permitted the prosecution to continue would result in manifest injustice and defeat the very object of criminal justice system," held the High Court bench comprising Justice Chandra Shekhar Jha.

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Prosecution cannot continue without evidence of gross negligence supported by expert opinion: Patna HC grants relief to orthopaedic surgeon