New Delhi: In a breather for doctors, the Supreme Court has held that consumer forum and criminal courts cannot issue notices to doctors accused of medical negligence, without first seeking the opinion of a medical panel.
The apex court says this will prevent doctors from being needlessly harassed.
A division bench of Justice Katju and Justice Singhvi observed that consumer forums and courts are not experts in medical science and and so must solicit opinions of specialists.
The court also warned police of legal action if they did not pay heed to its guidelines and harassed doctors.
The SC was hearing a 17-year-old case filed by Union commerce ministry officer Mohammad Ishfaq against a Mumbai-based doctor practising at Nanavati Hospital.
There have been several such cases in recent months.
June 19,2008: In Mumbai, a premature baby declared dead at Sion Hospital was found alive at the time of burial. The doctor on duty was suspended.
July 9, 2008: In Kolkata a Software engineer Kuntal Choudhury undergoing chemotherapy died in a nursing home after being injected in the spine instead of the vein. The complaint was filed against the doctor.
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