Medical Negligence
Sanchita
(Querist) 06 March 2010
This query is : Resolved
Q. Is the following direction retrospectively applicable in cases which are going on against doctor/ hospital for last so many years and pending final hearing for 2 to 3 years?
In the light of the Hon’ble Supreme Court’s judgment dated 17-2-2009 reported in AIRSC 2009 page 2049 Vol. 8 in Civil Appeal No. 3541 of 2002 in which, it has been held, that whenever a complaint is received against a doctor or hospital by the Consumer Forum or by the Criminal Court then 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 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 issued to the concerned doctor/ hospital.
adv. rajeev ( rajoo )
(Expert) 06 March 2010
The judgment itself is rubbish. How far it gives justice, if the complaint is referred to the competent doctor. What is the gurantee that competent doctor will give the favourable report to the complainant. Obviously they will protect the collegues.
Parveen Kr. Aggarwal
(Expert) 07 March 2010
How can the Judgment be made applicable retrospectively to cases pending final hearing especially when it says that before issuing Notice report will have to be called. In cases pending final hearing, means notice has already been served on the respondent and the case is fixed for final hearing. That being so, the Judgment cannot be made applicable on such cases.
