Monday, June 8, 2015

Medical professionals should not hesitate to appear before court, says HC judge

TRICHY: Doctors and other medical experts should not hesitate to appear before the court if a need arises and record their answers and confessions, said Justice S Nagamuthu, judge of Madurai bench of Madras high court on Sunday here.

He was speaking at the 105th nursing home board meet organised in the city by the Indian Medical Association, Tamil Nadu state branch (IMA TNSB).

Pointing out that the responsibility of doctors had increased, Justice Nagamuthu said that in cases like suicide, murder and accidents, the reports of the medical experts were crucial. Moreover, doctors should not forget to properly document the details of their prescription during treatment, he added.

Justice Nagamuthu also pointed out that the 2005 judgment by a Supreme Court bench headed by chief justice R C Lahoti had come as a relief to doctors at a time when many cases were being registered against them for medical negligence.

"It provided immunity to doctors from being arrested over complaints of medical negligence. To prosecute a medical professional for negligence under criminal law, it must be shown that the accused did something or failed to do something which, under the given facts and circumstances, no medical professional in his ordinary senses and prudence would have done," he said.

The event was attended by Dr M Damodaran, president of IMA TNSB, Dr L P Thangabalu, national vice president of IMA and Dr CN Raja, secretary of IMA TNSB, among others.

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