HC Relief to doctor, says Doctors Accused of Medical Negligence Cannot be Prosecuted without Expert Committee Report
Madhya Pradesh High Court
Jabalpur: Referring to the Supreme Court order in the case of Jacob Mathew v. State of Punjab & Anr., the Madhya Pradesh High Court recently reiterated that a doctor accused of medical negligence cannot be prosecuted without the report of an expert committee. With this observation, the bench granted relief to a doctor and set aside the criminal proceedings against him.
The bench was considering the plea by a doctor seeking directions to quash the FIR registered against him and the criminal case pending before the Chief Judicial Magistrate for alleged medical negligence.
The HC bench comprising Justice Gurpal Singh Ahluwalia observed that the concerned complainant did not approach a committee of experts to prove the medical negligence.
"Accordingly, prosecution of the applicant on account of medical negligence cannot be allowed to continue," observed the HC bench and set aside the charge sheet as well as further proceedings pending before the Court of Chief Judicial Magistrate, Katni against the appellant doctor.
However, the bench granted liberty to the complainant patient to approach the Expert Committee to establish the medical negligence of the appellant doctor.
"It is made clear that if the Expert Committee comes to a conclusion that there was medical negligence on the part of the applicant doctor, then respondent no. 2 shall be free to take legal remedy which may be available to him," the bench mentioned in the order.
The matter goes back to 2019 when the patient approached the doctor for stomach pain and he was informed that there was a stone which required to be removed. Accordingly, the doctor operated on the patient. The patient alleged that the doctor adopted a wrong method of medical treatment and an injection was given in his right leg. Following this, his right leg became senseless.
Allegedly, the patient was referred to Nagpur, where he had to remain hospitalized and spend Rs 1 lakh for this purpose. He remained hospitalised at the treating hospital. However, his condition did not improve. Finally, he approached Netaji Subhash Chandra Bose Government Medical College, Jabalpur, where his right leg was amputated on account of alleged improper treatment given by the treating doctor.
He lodged a complaint and based on the same, an FIR was registered against the concerned doctor at Police Station Kotwali, Katni district. Challenging the FIR, the doctor's counsel raised a solitary contention that the police did not obtain report from the expert committee and therefore, the registration of FIR on the ground of medical negligence was bad in law.
While considering the matter, the HC bench noted that the question involved in the present case is no more res integra. The bench referred to Supreme Court orders in the case of Jacob Mathew Vs. State of Punjab, and several other relevant orders passed by the Apex Court.
Referring to the top court order in the case of Jacob Mathew, the HC bench noted,
"Thus, it is clear that unless and until the committee constituted as per the directions given by the Supreme Court in the case of Jacob Mathew (supra) gives its report about the medical negligence of the doctors, the doctors should not be prosecuted."
Noting that the patient did not approach the Committee of Experts, the HC bench set aside the chargesheet and further proceedings against the doctor, giving liberty to the complainant to approach the Expert Committee to prove medical negligence against the appellant doctor.
To view the order, click on the link below:
https://medicaldialogues.in/pdf_upload/madhya-pradesh-hc-234380.pdf
