In the supreme court hearing a plea from Martin F D’souza, a Mumbai-based doctor, who had challenged the order of the National Consumer Disputes Redressal Commission that had directed him to pay Rs 4 lakh fine after holding him guilty of medical negligence for causing hearing loss to a patient. The SC gave the doctor a clean chit and waived off the fine.
A bench headed by Justice Markandeya Katju said that-
- “Current practices, infrastructure, paramedical and other staff, hygiene and sterility should be observed strictly,”
- The doctors should avoid prescribing medicines without examining a patient. “
- The tendency to give prescription over telephone, except in an acute case of emergency, should be avoided,” .
- The court advised doctors to make their own analysis instead of treating a patient on a version given by him or her.
- Before doing any experiment, the doctor should get a written permission from the patient.
- The court directed the medical fraternity to keep full record of the diagnosis, treatment etc of a patient.
- The Court also restrained consumer forums and criminal courts from taking cognisance of medical negligence complaints against a doctor or a hospital without receiving an expert committee’s report on the allegations levelled by the complainant.
- A private complaint should not be entertained unless the complainant produces prima facie evidence before the court in the form of credible opinion given by another competent doctor, the court observed.
- The court said the investigating officer, before proceeding against the doctor, should obtain the opinion of an independent and competent medical practitioner working with the government in the same field.
- The court restrained the police from arresting the doctor for interrogation, unless there was absolute necessity for collecting evidence or for a further probe.
- The SC in 2005 had stalled immediate arrest of doctors in cases related to medical negligence and had directed the police not to proceed against doctors without obtaining an independent and competent medical opinion.
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