June 23, 2023
Death of patient: Prohibition of routine practice of filing case and arresting doctor
When the patient’s death occurs during treatment, it is due to carelessness or negligence of the doctor and therefore, a case should be registered and action taken under Section 304 (A) of the Indian Penal Code (causing death by negligence), when the family members file a complaint at the police station, the Station Officer Hon. Guidelines issued by Supreme Court and Hon’ble High Court should be followed.
In such circumstances the concerned investigating officer must follow the following steps before registering the case Dr. S. Sailendra Babu, Director General of Police, Tamil Nadu, ICBA. They are
have ordered. 1. Conduct thorough investigation and gather all kinds of oral and documentary evidence.
2. Expert opinion should be obtained from senior government doctor especially from government medical college doctor.
3. In case of conviction under Section 304 (A) of the Indian Penal Code, legal advice should be sought on the basis of available evidence before further proceedings.
4. A doctor accused of negligence during treatment does not require arrest as in other cases.
5. Before registering the case, all the witnesses related to the case should be directly examined by the concerned Commissioners of Police and District Superintendents of Police.
6. An Express Report regarding the details of the case, evidence, evidence and circumstances of the crime must be sent to the Director General of Police within 24 hours of the registration of the case.