Doctors’ committee should scrutinise complaints against doctors & hospitals before FIR by police: HC
The Bombay High court recently ordered that a Doctors’ committee should scrutinise complaints against doctors & hospitals before FIR by police. A special cell has been constituted for conducting preliminary inquiries into complaints of alleged criminal negligence of doctors resulting in cognizable offences, prior to FIRs being registered. A Government Resolution dated March 26, 2010 is in force in the State. It was issued to provide for the constitution of committees in each of the districts of Maharashtra consisting of doctors. Such a committee was required to look into the complaints first, before any action is initiated to register an FIR or any complaint is examined by the fora under the Consumer Protection Act, 1986. Such Government Resolution is dormant, but it has to be adhered to by all concerned. Government has to implement such a resolution so that doctors are not unnecessarily harassed by kin of patients, if at all the treatment rendered to the patients is not to the liking of the family members. Wide publicity of the said Government Resolution should be made so that the police officers as well as various fora under the Consumer Protection Act, prior to initiating action on complaints received by them, may refer such complaints to the appropriate committee for obtaining report thereon. The court ordered that immediate steps should be taken to widely publish and circulate this Government Resolution for necessary action and guidance. This decision was made on July 13,2021, in the High court of judicature at Bombay, criminal appellate jurisdiction, public interest litigation ST. no. 2332 of 2020, bench of Dipankar datta, CJ & G.S.Kulkarni, J, in the case of Dr. Rajeev Digambar Joshi, Petitioner Versus The Chief Secretary, State Government of Maharashtra & Ors.
Judgment of Martin F. D’ Souza vs Mohd. Ishfaq case on 17 February, 2009, Bench: Markandey Katju, R.M. Lodha. in the Supreme court of india, civil appellate jurisdiction, civil appeal no. 3541 OF 2002 clearly states the following
“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, 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 then issued to the concerned doctor/hospital. This is necessary to avoid harassment to doctors who may not be ultimately found to be negligent. We further warn the police officials not to arrest or harass doctors unless the facts clearly come within the parameters laid down in Jacob Mathew’s case (supra), otherwise the policemen will themselves have to face legal action.”
Dr. Anup Marar, Convener of Hospitals’ Association, Nagpur has sought details and Composition of such a committee of our City as per GR 26th March 2O2O. VHA has appealed Nagpur Police Commissioner to alert all field police personnel that any steps or decisions taken without support of appropriate jurisdictive scrutiny by such a constitutionally valid committee will be considered illegal.
Dr.Ashok Arbat, President, Hospitals’ Association, Nagpur has requested the commissioner of Police in a letter to sensitise all police personnel in field about recent decisions conveyed by Hon’ble High Court with regards to registering an FIR or examining any complaint of negligence against hospitals and doctors.
