Legal Question in Medical Malpractice in India

Patient"s attendants allege negligence on the part of gynaecologist , in a case of PPH and have complained to the DSP POLICE TO TAKE NECESSARY ACTION, The gynaecologist has given statement to the police refuting any kind of negligence ,whatsoever and also stated that the patient was shifted during post partum period against medical advice. The patient recovered after prolonged stay in ICU in a distant tertiary care hospital.
Now the DSP police says that he will consult some medical specialists, and decide whether to register a case of medical negligence against the gynaecologist. Can the police register a case of medical negligence, and under what section,? What should the gynaecologist do to save herself from any kind of harassment or litigation,?

Asked on 7/06/11, 8:51 am

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At the most the police can charge the doctor with Section 279 of the IPC i.e Criminal Negligence.

But according to our opinion , this case does not merit for any criminal offense unless prooved by substantial evidence.

The complainant can approach the consumer forum for the same.

You should consult a lawyer. May contact the undersigned for legal advise.

regards

Answered on 7/07/11, 3:20 am

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