SC Lays Down Guidelines To Courts Which Summon Doctors

SC Lays Down Guidelines To Courts Which Summon Doctors Dated:18-02-2009 Source: UNI DELHI: The Supreme Court directed that no consumer or criminal court in the country will issue summons to a doctor or a hospital without seeking the opinion of expert committee of doctors in case of medical negligence. A Bench comprising Justices Markandey Katju and R M Lodha allowed the appeal of Dr Martin F D Souza of Nanavati Hospital in Mumbai who was directed by the National Consumer Commission to pay Rs 4 lakh with interest at 12 per cent from August 1, 1992. The National Consumer Commission vide order dated April 9, 2002 had also awarded a compensation of Rs 3 lakh with cost of Rs 5,000 to the patient Md Ishfaq who was under the treatment of Dr D Souza for kidney transplant as he was suffering from chronic renal failure and was admitted to Prince Ali Khan Hospital on June 25, 1991. According to the patient his hearing was impaired due to overdose of amikacin 500 mg which he was directed to take twice a day for 14 days. The apex court in his judgment directed, ‘We therefore direct that whenever a complaint is received against a doctor or hospital by the consumer fora (whether district, state or national) or by the criminal court then before issuing notice to the doctor or hospital against whom the complaint was made, the consumer forum or 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 prima facie case of medical negligence should notice be issued to the concerned doctor or hospital. This is necessary to avoid harassment to doctors who may not ultimately found to be negligent. We further warn the police officials not to arrest or harass doctors unless the facts clearly come within the parameter laid down in the checkup cases, otherwise the policemen will themselves will have to face the legal action.’ Justice Katju writing the 56-page judgment for the bench further added, ‘The court and consumer fora are not expert in medical science and must not substitute their own views over that of the specialists. It is true that the medical profession has to an extent become commercialised and there are many doctors who depart from their Hippocratic oath for their selfish ends of making money. However, the entire medical fraternity cannot be blamed or branded as lacking in integrity or competence just because of some bad apples.’ The patient who was referred to the Nanavati Hospital by Director Medical Health had refused to be admitted to the hospital despite repeated advice by the doctor.

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