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.
Moreover, the court also said quashing of the FIR doesn't in any way, bars the police from investigating the case. The court further directed the investigating officer to formulate a specific case for opinion and refer it to the DDU hospital, as the hospital has been instructed to constitute a medical board and give an opinion within a period of eight weeks.
This came after a 32-year-old doctor who was practicing in Australia underwent arthroscopic surgery at the institute in Delhi last year. However, the doctor did not survive and passed away.
As per a recent media report by the Indian Express, the father of the deceased medico filed a complaint against the doctors of Fortis Escorts Hospital alleging necessary preoperative and postoperative care was not provided to the patient by the hospital.
The counsel for the petitioner further alleged that the doctors disregarded multiple factors that increased the risk of vein thrombosis.
Denying the allegations, the counsel for the doctors contended that these are all the assumptions of the petitioner as there is no medical expert team to justify the claims of medical negligence.
The Indian Express reports, after considering the submission of both the parties, Justice Vibhu Bakhru mentioned in the order,
"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."
Moreover, the court also clarified that police must continue their inquiries necessary for further investigation. The daily further informed that the court has instructed the police to report the case and refer it to DDU hospital for the opinion of the expert panel.
The order stated,
"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."
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