In a recent ruling, the Jharkhand High Court declared that a private complaint accusing a doctor of medical negligence cannot proceed unless prima facie evidence is provided through the credible opinion of another doctor. The court emphasized that a complaint should not be entertained without any evidence, as continuing the proceedings would constitute an abuse of the legal process. This judgment came while the High Court was considering a petition by a doctor seeking to quash criminal proceedings, including the cognizance of the offense under Section 304-A of the IPC, against him.
The case stemmed from a complaint that the doctor’s alleged medical negligence led to the death of a patient admitted to the hospital in 2011. The patient, suffering from a urinary tract infection and high blood sugar, was treated by the accused doctor and other junior doctors. The complainant alleged…
