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1 - 4 of 4 (0.25 seconds)Martin F. D' Souza vs Mohd. Ishfaq on 17 February, 2009
11. The Hon'ble Supreme Court has also held in
the case of Martin F. D'Souza Vs. Mohd. Ishfaq (Supra)
with regard to expert opinion has held in Paragraph 117
of the judgment as follows:-
Jacob Mathew vs State Of Punjab & Anr on 5 August, 2005
117. We, therefore, direct that
whenever a complaint is received against a
doctor or hospital by the Consumer Fora
Patna High Court CR. WJC No.1623 of 2017(6) dt.20-07-2023
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(whether District, State or National) or by
the Criminal Court then before issuing
notice to the doctor or hospital against
whom the complaint was made the
Consumer Forum or Criminal Court should
first refer the matter to a competent doctor
or committee of doctors, specialized in the
field relating to which the medical
negligence is attributed, and only after that
doctor or committee reports that there is a
prima facie case of medical negligence
should notice be then issued to the
concerned doctor/hospital. This is necessary
to avoid harassment to doctors who may not
be ultimately found to be negligent. We
further warn the police officials not to arrest
or harass doctors unless the facts clearly
come within the parameters laid down in
Jacob Mathew's case (supra), otherwise the
policemen will themselves have to face legal
action.
Section 34 in The Indian Penal Code, 1860 [Entire Act]
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