Shibu Thomas / TNN

Mumbai: In a landmark judgment, the Supreme Court on Tuesday stepped in to check the harassment of doctors in medical negligence cases. A division Bench, comprising Justice Markandey Katju and Justice G.S. Singhvi, held that consumer and criminal courts would have to seek the options of a doctor or a panel of doctors before issuing a notice to a medical practitioner or hospital in a case alleging negligence.

The fresh guidelines by the apex court stipulate that whenever a consumer fourm or criminal court receives a complaint against a doctor, it should refer the matter to a panel of experts. Only after the committee reports that there is a prime facie case of medical negligence should a notice be issued to the concerned doctor or hospital.

“This is necessary to avoid harassment to doctors, who may not be ultimately found to be negligent”, observed the bench. It said, “The courts and consumer fora are not experts in medical science and must not hold their own views over that of specialists. It is true that the medical profession has to an extent become commercialised and there are many doctors who depart from their Hippocratic oath for their selfish ends of making money. However, the entire medical fraternity cannot be blamed or branded as lacking in integrity or competence just because of some bad apples”.

The court also warned police officials not to arrest or harass doctors unless the facts were in line with earlier SC guidelines.