Maharashtra: ‘Independent doctor’s view must in negligence cases’

MUMBAI: The Supreme Court has reiterated that an investigating officer, before proceeding in a case of medical negligence, should obtain an independent and competent medical opinion to support the charges of rashness or negligence on the part of the accused doctor.

In a case pertaining to medical negligence, the SC had said that a private complaint may not be entertained unless the complainant has produced prima facie evidence in court in the form of a credible opinion given by another competent doctor. The apex court made these as guidelines while handling such cases.

The SC was hearing an appeal against an order of the Nagpur bench of the Bombay high court that set aside an order of the sessions court that discharged a woman, identified only as Aruna, along with another from charges under causing death by negligence. The trial court had framed charges, but the sessions court discharged them.

The SC said, “No medical expert has been examined in this case. We set aside the impugned orders passed by the courts below and remand the case to the trial court.”

The trial court will examine the witnesses and take the view of the medical expert on behalf of the complainant and only thereafter to frame an opinion whether any charge is made out.

The apex court also said that the trial court should not get influenced by this order and decide in accordance with the law and on the basis of evidence and after hearing both parties.