Madras High Court directs the Government to frame rules for
The Madras high court has directed the Tamil Nadu government to inform the guidelines framed through a government order, which should be strictly followed while registering case against the medical officer for negligent act or omission, to all authorities concerned immediately.

Justice K. Ravichandrabaabu gave the directive while disposing of a petition from Dr K. Thangamuthu, which sought a direction to the state government to frame statutory rules or executive instructions incorporating guidelines as per the orders of the Supreme Court, in consultation with the Medical Council of India, pursuant to the recommendations of Ethics Committee.

Petitioner’s counsel Anand David submitted that in the year 2005, the Supreme Court had observed that it was necessary to frame certain guidelines by the Central and state governments for prosecuting the doctors and till such time, the guidelines framed by it has to be followed. However, the guidelines issued by the apex court have not been complied with till date. In spite of such guidelines, the threat of private complaint/registration of FIR and arrest was looming large and doctors were facing harassment. Doctors were working under extreme pressure and if they were subjected to face frivolous prosecution their hands would be tied and will not be able to take bold decisions while treating patients, Anand David added.

Keeping in mind the grave issue of doctors being harassed in the name of medical negligence cases and the absence of clear cut state government guidelines to the police, this order is the need of the hour.

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B●●●●●h K●●●r N●●●●●●●●m and 7 others like this2 shares
Dr. S●●●●●v S●●●●●1
Dr. S●●●●●v S●●●●●1 Obstetrics and Gynaecology
The basic difference between criminal conspiracy to cause certain harm to somebody and medical negligence is that medical negligence is not wilful. If it can be proved that it' s wilful or purposeful then it may be treated as a criminal offence but it' s observed that in most of the cases medical officers are treated as criminals. If a pair of scissors left in the abdomen do anybody believe that it' s purposeful ! But full arrangement is being done to prove it intentional- that' s the most pathetic part of it. The compensation proposed is so big that it' s thousand times higher than most criminal offences.... Read more
Feb 12, 2019Like4
Dr. DR H●●. C●●●●●●●●●●I H●●●●●I
Dr. DR H●●. C●●●●●●●●●●I H●●●●●I Internal Medicine
Doctors are at high risk to face the emergencies and they have to take chance to save the patient and he can' t garantee the life . ...... it shouldn' t be considered as negligence on doctor' s part
Feb 13, 2019Like1