The Jharkhand High Court has passed an order clarifying that a private complaint of medical negligence cannot be entertained unless there is prima facie evidence in the form of credible opinion of another doctor to support the stance of negligence. This order was passed by Justice Sanjay Kumar Dwivedi on July 2, 2024.
Facts Of The Case
This case involved a patient being admitted to the hospital for a urinary tract infection (UTI). The complainant (deceased’s son). Mr. Ritesh Kumar Sinha, alleged negligence due to heavy insulin administration and use of faulty glucometer. It was alleged that the hospital lacked proper care. Hence, a case was registered against the petitioner, Dr. Suman Kumar Pathak.
The petitioner in turn has challenged the criminal proceedings against against him on account of being accused of medical negligence leading to a patient’s death.
Key Issue Considered
Can a private complaint against a doctor for medical negligence be entertained without prima facie evidence?
Jharkhand High Court’s Decision
The court quashed the criminal proceedings against the doctor. The court held that private complaints against doctors for negligence require prima facie evidence. Such evidence should include a credible opinion from another doctor supporting the negligence claim. The court elaborated that allowing the proceeding to continue would amount to an abuse of the process of law.
Reasoning of the Court
The court relied on Supreme Court judgments in the cases of Jacob Mathew v. State of Punjab (2005) and Martin F. D’ Souza v. Md. Ishfaq (2009).
All that we are doing is to emphasise the need for care and caution in the interest of society; for, the service which the medical profession renders to human beings is probably the noblest of all, and hence there is a need for protecting doctors from frivolous or unjust prosecutions.
Jacob Mathew v. State of Punjab (2005)
The High Court also relied on the judgment of the Supreme Court in determining the process for proving medical negligence.
“…before issuing notice to the doctor or hospital against whom the complaint was made the Consumer Forum or the criminal court should first refer the matter to a competent doctor or committee of doctors, specialised 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 issued to the doctor/ hospital concerned.
Martin F. D’ Souza v. Md. Ishfaq (2009)
Both the above judgments emphasized the need for expert medical opinion before pursuing criminal charges against doctors.
The court finally observed that, “..it is crystal clear that a private complaint may not be entertained unless the complainant has produced prima facie evidence in the form of credible opinion given by another doctor to support the charge of rashness or negligence on the part of the accused doctor. It appears that to allow the proceeding to continue, will amount to an abuse of the process of law.”
