Doctors accused of negligence should not be arrested in a routine manner, says DGP

Director-General of Police C. Sylendra Babu has instructed senior police officers across the State not to arrest doctors accused of rashness or negligence in a routine manner.

Director-General of Police C. Sylendra Babu has instructed senior police officers across the State not to arrest doctors accused of rashness or negligence in a routine manner.

The DGP’s instructions come against the backdrop of instances where criminal cases were registered against medical practitioners under Section 304(A) (Culpable homicide not amounting to murder) on the basis of complaints lodged by family members of the deceased persons.

“Such extreme action is unjustified as it causes damage to the reputation of the medical practitioner. It also demoralises the entire healthcare fraternity, who take care of the health of the people. It may be borne in mind that, complications during treatment, especially surgery, are likely to happen independent of the procedures and in spite of the best efforts taken by the doctors in good faith,” Mr. Babu said in a circular.

He said courts had issued orders time and again to the effect that doctors should be held criminally responsible only if a prima facie case was made out and after getting an expert opinion from a qualified doctor, preferably a Government doctor of adequate qualification and training.

Referring to the Supreme Court guidelines on the procedure to be adopted in such cases, the DGP said whenever a complaint of death due to negligence on the part of medical practitioners was received, the investigating officers should make a thorough enquiry and collect all oral and documentary evidence. Investigators should obtain the opinion of another competent Government doctor preferably from the Medical College Hospital.

The Investigating Officer should get a legal opinion whether a criminality under Section 304(A) is made out in the case on the basis of available evidence. Commissioners/Superintendents of Police should review and weigh the evidence before registration of a case, he said.

The DGP said an express report on registration of such cases, facts and circumstances with details of evidence should be sent to his office within 24 hours of registration of the case.