Expert opinion must in medical negligence cases: Delhi HC quashes FIR against Fortis doctors
Delhi: Asserting that cases of medical negligence cannot be lodged without the opinion of a medical expert, the Delhi High Court has dismissed a plea against the doctors of Fortis Escorts Heart Institute. The court has also directed the superintendent of Deen Dayal Upadhyay Hospital to form a medical team of experts so that they can present their opinion on the allegations against the doctors.
"Undeniably, there is no expert opinion on the record, which expressly states that the petitioners were negligent or, prima facie, appear to have been negligent in this case. Thus, this Court is of the view that the procedure as prescribed in by the Supreme Court in Jacob Mathew v State of Punjab and Another has not been followed."
"Depending on the opinion rendered by the Medical Board, the IO may take further steps as necessary. It is also expressly clarified that the fact that the FIR has been quashed would not preclude the IO from registering the same if an opinion adverse to the concerned doctors is issued by the Medical Board."