No FIR in medical negligence cases sans expert panel nod: HC

BHOPAL/JABALPUR: In a major relief to doctors in cases of medical negligence, MP high court has held that there can be no FIR or criminal proceedings in court against a doctor without the opinion of an expert committee of doctors.
Hearing a petition filed by Dr Rajesh Batra of Katni, seeking quashing of an FIR in a case of medical negligence, the bench of Justice G S Ahluwalia found that the police didn't obtain a report of the expert committee of doctors in the matter.
Citing a Supreme Court order, the HC quashed the FIR and the subsequent criminal proceedings in court against Batra.
Dr Batra’s petition said that police had registered a case against him under IPC section 338 for alleged medical negligence on the basis of a complaint from a patient, Vinay Haldhar.
Vinay said in the FIR that he had gone to a hospital with stomach ache and was diagnosed with gall bladder stone. During surgery to remove the stone, he was administered an injection in a foot, which later turned that leg immobile and it had to be eventually amputated.
The doctor contended in court that police registered a case against him and prosecuted him in court without seeking expert opinion, which is a must in cases of alleged medical negligence. The court quashed the FIR and stayed proceedings against the doctor, while allowing the complainant to approach the expert committee.