Follow SC and HC guidelines in medical negligence cases: DGP Sylendra Babu

CHENNAI: Tamil Nadu DGP C Sylendra Babu in a circular urged the police to act as per the Supreme Court, High Court and Tamil Nadu government guidelines while dealing with the alleged medical negligence cases.

"Instances have come to notice that criminal cases are registered in Police Station u/s 304 (A) IPC - which is culpable homicide not amounting to murder - for negligence against the Medical Practitioners on the complaint of the family members of the deceased or the discharged patients. Such extreme action is unjustified as it causes damage to the reputation of the medical practitioner. It also demoralises the entire health care fraternity, who take care of the health of people. It may be borne in mind that, complications during treatment especially surgery are likely to happen independent of the procedures and in spite of the best efforts taken by the doctors in good faith."

Supreme Court of India and the High Court have issued guidelines time and again in this regard to the effect that the doctors shall be held criminally responsible only if a prima facie case is made out and after getting an expert opinion from a qualified doctor, preferably a government doctor of adequate qualification and training.

Simply because a patient has not favourably responded to a treatment given by a physician or a surgery has failed, the doctor cannot be held liable. Human body and medical science both are too complex to be easily understood.

So as to determine whether the act of the accused medical professional amounts to rash or negligent act within the domain of criminal law under section 304-A IPC.

The CoPs and SPs should personally review and weigh the evidences, before registration of case and obtain legal opinion.

A report on registration of cases, facts and circumstances with details of evidence of the case shall be sent to the DGP/HoPF within 24 hours of registration of case, the circular said.