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The Jharkhand High Court has established that a private complaint alleging medical negligence cannot proceed without prima facie evidence, which must include a credible opinion from another doctor supporting the claim against the accused doctor. This ruling emerged from a petition seeking to quash criminal proceedings, including the cognizance order under Section 304-A of the Indian Penal Code (IPC), against the accused.
Justice Sanjay Kumar Dwivedi, presiding as a single judge, highlighted, “In light of the Supreme Court’s judgments, it is evident that a private complaint cannot proceed unless the complainant provides prima facie evidence through a credible opinion from another doctor, supporting the charges of negligence or rashness against the accused doctor.”
Background of the Case
A complaint was filed by the son of a deceased woman, who alleged that gross medical negligence by the accused doctors led to her death while hospitalized. In 2011, the deceased complained of weakness and urinary issues and was admitted to the hospital after consulting the petitioner. She was diagnosed with a urinary tract infection and high blood sugar, requiring insulin administration.
The hospital provided minimal care, only prescribing medications to be purchased from an affiliated shop. The hospital also collected payments post the patient’s death, with the complainant initially unaware of the cause of death. Upon reviewing medical records, the complainant believed the death resulted from excessive insulin and faulty glucose testing equipment, leading to erroneous blood sugar readings, prompting the case against the doctor.
Court’s Findings and Decision
After hearing the arguments, the High Court determined that continuing the proceedings would abuse the legal process. The Court referred to two Supreme Court judgments: Jacob Mathew v. State of Punjab (2005) and Martin F. D’ Souza v. Md. Ishfaq (2009). The former set guidelines for prosecuting doctors for criminal rashness or negligence, while the latter stressed consulting a competent doctor or a committee of specialists in the relevant field.
Consequently, the Court quashed the criminal proceedings against the accused doctor, Dr. Suman Kumar Pathak.
Case Title: Dr. Suman Kumar Pathak @ Dr. S.K. Pathak v. The State of Jharkhand