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RULING THAT an FIR in a case of alleged medical negligence can’t be registered with out an expert opinion supporting such an allegation, the Delhi High Court has quashed a case registered by the police against docs of Fortis Escorts Heart Institute and directed the Superintendent of Deen Dayal Upadhyay Hospital to represent a medical group for an expert opinion on the allegations against the medicos.
A 32-year-old physician, who was working towards in Australia, died final yr days after after present process arthroscopic surgical procedure on the institute in Delhi.
Her father within the criticism alleged that needed pre-operative and post-operative care was not supplied to the affected person.
It was alleged that the docs utterly disregarded a number of components which elevated the chance of deep vein thrombosis.
The docs challenged the registration of case earlier than High Court.
“Undeniably, there is no expert opinion on record, which expressly states that the petitioners were negligent or, prima facie, appear to have been negligent in this case. Thus, this Court is of the view that the procedure as prescribed in by the Supreme Court in Jacob Mathew v State of Punjab and Another has not been followed,” Justice Vibhu Bakhru stated within the order.
However, the court docket additionally stated quashing of the FIR won’t in any method impede the police from making the mandatory inquiries and directed the investigating officer to attract up a particular case for opinion and refer it to the DDU hospital, which has been directed by it to represent a medical board and provides an opinion inside a interval of eight weeks.
“Depending on the opinion rendered by the Medical Board, the IO may take further steps as necessary. It is also expressly clarified that the fact that the FIR has been quashed would not preclude the IO from registering the same if an opinion adverse to the concerned doctors is issued by the Medical Board,” the court docket stated within the order.
© The Indian Express (P) Ltd
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