Tuesday, April 14, 2009

Medical Negligence Procedure to be adopted before issuing to the erring docter - SC

Martin F. D’Souza v. Mohd. Ishfaq, Civil Petition No.3541 of 2002,decided on February 17, 2009. 2009 (157) DLT 391
The Supreme Court has ruled that whenever a complaint is received against a doctor or hospital by the consumer fora or by the criminal court then before issuing notice to the doctor or hospital against whom the complaint was made the consumer fora or criminal court should first refer the matter to a competent doctor or committee of doctor, specialized in the field relating to which the medical negligence is attributed, and only after that doctor or committee reports that there is a prima facie case of medical negligence should notice be then issue to the concerned doctor/hospital. This is necessary to avoid harassment to doctor who may not be ultimately found to be negligent.

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