Police can’t arrest docs for medical negligence without init
Justice A K Mittal of Punjab and Haryana High Court, while addressing an interactive workshop in Gurugram has said that the police can’t pounce on doctors without completing preliminary probe in a case of medical negligence. The Justice who is also the chairman of Haryana State Legal Service Authority (HSLSA) expressed his opinion to educate police on cases of medical negligence which was organised by District Legal Services Authority (DLSA) in association with Indian Medical Association (IMA), Artemis Hospital and Daksh Foundation, an NGO.

He though added that the summary of all judgments on medical negligence passed by the apex court is that ‘negligence’ can be decided only on basis of facts of a particular case. “Consent of patients and their family alone can’t absolve doctors of negligence. It can be decided on the basis of facts of a case alone,” he said.

Elaborating further, he said legal ethics calls for doctors to be duty-bound to treat every patient in an emergency, even if the doctor is not specialised and the hospital doesn’t have adequate facilities. “Doctor and hospital has to first stabilise an emergency patient, before referring to other hospital,” said the judge, adding most negligence cases involve denial of treatment.

Inaugurating the medico-legal literacy seminar, Justice Mittal said medico-legal literacy is the need of the hour. “With changing face of medicine, basic knowledge of laws is essential for a medical practitioner,” he said, adding there is a pressing need for all functionaries in the justice system to speak to each other, to understand grassroots implementation issues and gaps in policing and laws.

Read more: https://timesofindia.indiatimes.com/city/gurgaon/police-cant-arrest-docs-for-medical-negligence-without-initial-probe-says-haryana-legal-service-authority-chief/articleshow/66112461.cms
R●●●l L●●●●r and 27 others like this10 shares
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Dr. B●●●●t M●●●a
Dr. B●●●●t M●●●a Internal Medicine
Dear doctors this is not any sort of judgement passed by court but it is the welcome opinion of Justice A K Mittal
Oct 9, 2018Like7
Dr. S●●●n N●●●●●●r
Dr. S●●●n N●●●●●●r Anaesthesiology
Welcome opinion 👍
Oct 9, 2018Like
Dr. M●●●●●d P●●●a
Dr. M●●●●●d P●●●a General Surgery
When the hospital is not equipped for a particular case it is nearly impossible to stabilise the patient in a sustained manner.ig is better to transport the patient as soon as adequate measures towards reviving the critical patient have begun.waiting for stabilisation could delay the transfer to the suitable hospital.
Oct 9, 2018Like2