Excelsior Correspondent
JAMMU, Oct 9: Divisional Commissioner Jammu, Dr Raghav Langer has issued strict instructions to the Investigating Officers to follow the Standard Operating Procedure(SOP) while dealing with alleged cases of medical negligence as prescribed by the Supreme Court of India in its different Judgments.
ADGP Jammu Zone has been requested to sensitise all Senior Superintendents of Police to ensure following of Standard Operating Procedure in alleged cases of medical negligence to prevent malicious and frivolous prosecutions/complaints against medical professionals.
“To avoid unnecessary harassment, all concerned Police Investigating Officers shall strictly adhere and comply with the guidelines and laws laid down by Supreme Court of India, where a complaint is received against a medical professional alleging commission of criminal rashness or negligence’’, the communiqué reads.
It further stated that on receipt of such a complaint, all Investigating Officers are required to immediately approach the concerned Chief Medical Officer of the district for the constitution of the Medical Board of competent doctors so that an independent opinion can be obtained. Requisite coordination in this regard shall be sought from the District Magistrate concerned.
The Police have been asked to follow the guidelines laid down by the Apex Court with regard to the issue of arrest of medical professionals in letter and spirit by all Investigating Officers, more specifically in cases where a medical professional is a public servant.
There is already a set procedure and guidelines for registration of case/FlR under Section 154 Cr.PC by the concerned Police Authorities and the directions for registration of same under section 156 (3) Cr.PC by the Judicial Magistrates.
Reiterating the guidelines, the Police has been asked that a private complaint should not be entertained unless the complainant has produced prima facie evidence before the court in the form of a credible opinion given by another competent doctor to support the charge of rashness or negligence on the part of the accused doctor.
The Investigating Officer should, before proceeding against the doctor accused of rash or negligent act or omission, obtain an independent and competent medical opinion, preferably from a doctor in Government service, qualified in that branch of medical practice who can normally be expected to give an impartial opinion applying the Bolam test.
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