x

Like our Facebook Page

   
Early Times Newspaper Jammu, Leading Newspaper Jammu
 
Breaking News :   PM Modi fulfilled Dr Syama Prasad Mookerjee's dream: LG Sinha | LG joins Zuljinah procession in Downtown Srinagar | Braving terror threats, over 50,000 devotees pay obeisance since July 3 | 7,200 pilgrims leave for Amarnath Yatra | Hizbul Chief among 11 chargesheeted in cross-border narco-terror case | Gadkari’s mega mobility plan: Hyperloop, electric buses, ropeways on fast track | Will recommend reducing GST to 5% on J&K’s Handloom, Handicraft Products: Piyush Goyal | Kashmir would never have become integral part of India without Syama Prasad Mookerjee: Amit Shah | Road connectivity brings offbeat tourist destination into spotlight | Soldier dies of bullet injury from his own rifle | Chopper service remains suspended | Muslims should unite against evil: Dr Farooq | Making Children Fit | Birth Anniversary of Bhagwan Gopinath Ji | Multilingualism in classrooms will increase learning outcomes | Dr. Sanjay Bansal Leads FTII Traders Conclave at SKICC Srinagar | NSF tribute of 39th Death anniversary of Jagjivan Ram | Bharat priye met Sukhpal Singh Kheda, discussed problems of farmers | Three days teacher’s training programme organises | Ravinder meets Congress workers at Nowshera | Langer Sewa Continues for the 6th Consecutive Day | Natrang present superb performance of ‘Hum Hain Pratibhavan’, new play | SBSP leaders visit defunct PHC in Dagarpora Sopore | French Club felicitates educators, celebrates cultural Excellence | DC Bandipora participates in Mourning Procession at Sumbal | Chairperson DDC Kulgam visits Shahoo Sachan, participate in 10th Muharram Procession | Punjab Police foils target killing plot; three arrested | Track relaying train derails on CR's Harbour line; services on Vashi-Panvel route suspended | 10th Day of Muharram; Ashoora procession taken out on in Poonch | Sadhotra lauds cadre for strengthening outreach, upholding NC's core philosophy | Dy CM flags off bus service from Jammu to Kalasara via Sunderbani | Delhi govt will urge SC to allow uniform rules on overage vehicles: CM Gupta | Studying in one's mother tongue instils strong values: CJI Gavai | Special Intensive Revision of electoral rolls in Bihar progressing as per order: EC | Delhi air remain cleanest for 11 days in a row; light to moderate rain predicted on Monday | Army doctor helps deliver baby at Jhansi railway platform with hair clip and pocket knife | No change in instructions for SIR in Bihar: EC after advertisement leads to confusion | Modi Govt must table Statehood Bill in upcoming Parliament Session: Rattan Lal Gupta | Kavinder felicitates Gaurav Tyagi for 'Ann Shuddhi Yatra' promoting Healthy India | Samba police nabbed 2 drug peddlers | Satish Sharma advocates digital empowerment, youth led entrepreneurship at FTII Traders Conclave 2025 | Mediterranean and Planetary Health Diets Promote Longevity and Sustainability: Dr Sushil | Javid Dar pays tributes to sacrifices of Hazrat Imam Hussain (AS) | Doctor blacklisted by NMC for taking bribe | Rajnath to inaugurate key defence conclave in Delhi | Dr Mukherjee dedicated his life to the unity and integrity of India: CM Yogi | Bovine smuggling bid foiled | Vaishnaw, Rekha Gupta pay tributes to Syama Prasad Mookerjee in Delhi | Rajouri police booked notorious drug peddler under PITNDPS Act | Rajouri police cracks theft case, three arrested | Brijwasi are part of my family: Hema Malini | Yogi govt set to script history by planting 37 crore saplings in a day on July 9 | U'khand CM enjoys jungle safari in Corbett, plants saplings under 'Ek Ped Maa Ke Naam' campaign | Four killed, one injured as car falls into gorge near Manali | Inter-state cannabis-supply racket busted in Delhi; 5 arrested | Nigerian man living illegally in India held with 200 gm cocaine worth Rs 2 cr | Woman, her son among three dead as truck hits autorickshaw in Gujarat's Patan | 2 held for stabbing cab driver to death over minor altercation in Delhi: Police | We will fight for the betterment of Dogra Community; YRS, DST | BJP leader inspects rain damage in Juthal | JKTJAC holds monthly meeting | Bovine smuggling bid foiled by Doda police | Doda police traced out missing lady, reunites with herfamilies | Apni Party holds workers' meeting | Ashura procession held with religious beliefs at Chanderkote, Ramban | Buddhist Studies Deptt, BTSM JK celebrate 90th birthday of Dalai Lama | Desh Bhagat University, DBU Americas Partner with Datagami Technology to Launch UPI Study Centre | "Each tree is a life - plant one today for a greener tomorrow" | MCM DAV College for Women: Shaping Champions, Setting new Milestones | Deepika's brilliant field goal against Dutch nominated for Magic Skill Award | Women's cricket team gets rousing welcome at India House in London | Gill is a carbon copy of Kohli: Jonathan Trott | India to bid for both 2029 and 2031 World Athletics Championships | Dominant Sakshi wins gold at World Boxing Cup | Back Issues  
 
news details
Div Com Jammu issues guidelines regarding Standard Operating Procedure (SOP) to be followed in alleged cases of medical negligence
10/9/2021 10:16:43 PM
Early Times Report

JAMMU, Oct 9: Divisional Commissioner Jammu, Dr Raghav Langer has issued strict instructions to the Investigating Officers to follow the Standard Operating Procedure(SOP) while dealing with alleged cases of medical negligence as prescribed by the Hon’ble Supreme Court of India in its different Judgments. ADGP Jammu Zone has been requested to sensitise all Senior Superintendents of Police to ensure following of Standard Operating Procedure in alleged cases of medical negligence to prevent malicious and frivolous prosecutions/complaints against medical professionals.
“To avoid unnecessary harassment, all concerned Police Investigating Officers shall strictly adhere and comply with the guidelines and laws laid down by Supreme Court of India, where a complaint is received against a medical professional alleging commission of criminal rashness or negligence’’, the communiqué reads.
It further stated that on receipt of such a complaint, all Investigating Officers are required to immediately approach the concerned Chief Medical Officer of the district for the constitution of the Medical Board of competent doctors so that an independent opinion can be obtained. Requisite coordination in this regard shall be sought from the District Magistrate concerned. The Police have been asked to follow the guidelines laid down by the Apex Court with regard to the issue of arrest of medical professionals in letter and spirit by all Investigating Officers, more specifically in cases where a medical professional is a public servant.
There is already a set procedure and guidelines for registration of case/FlR under section 154 Cr.PC by the concerned Police Authorities and the directions for registration of same under section 156 (3) Cr.PC by the Judicial Magistrates. The Div Com has referred to the landmark judgments passed by the Hon’ble Supreme Court of India in cases related to medical negligence titled Jacob Mathew V/s State of Punjab and others reported in (2005) 6 SCC 1 and Martin F.D’Souza V/s Mohd. lshfaq reported in (2009) 3 SCC 1 , Dr VK Jain versus State of Rajasthan & others (2019); wherein the Hon’ble Supreme Court has observed and realized that Doctors have to be protected from frivolous complaints of medical negligence and has laid down certain rules and guidelines. Reiterating the guidelines, the Police has been asked that a private complaint should not be entertained unless the complainant has produced prima facie evidence before the court in the form of a credible opinion given by another competent doctor to support the charge of rashness or negligence on the part of the accused doctor.
The Investigating Officer should, before proceeding against the doctor accused of rash or negligent act or omission, obtain an independent and competent medical opinion, preferably from a doctor in government service, qualified in that branch of medical practice who can normally be expected to give an impartial opinion applying the Bolam test. A doctor accused of negligence should not be arrested in a routine manner simply because a charge has been leveled against him. Unless his arrest is necessary for furthering the investigation or for collecting evidence or unless the investigating officer feels satisfied that the doctor proceeded against would not make himself available to face the prosecution unless arrested, the arrest should be withheld.
Moreover, the Director Health Services, Jammu has also been instructed to prominently display the relevant provisions of IPC and Punishments provided in the Act, in all Government Health Institutions of the Jammu Division for information of General Public; especially Sec-504 IPC (Misbehaving with Hospital Staff), Sec-427 IPC (Destruction of Hospital Property), Sec-332 & 333 IPC (Assault on Hospital Staff), Sec-506 IPC (Threatening Hospital Staff) etc.
Various forums had approached the Divisional Commissioner regarding this matter with request to issue guidelines on the subject, especially in view of increasing incidence of such cases.
  Share This News with Your Friends on Social Network  
  Comment on this Story  
 
 
 
Early Times Android App
STOCK UPDATE
  
BSE Sensex
NSE Nifty
 
CRICKET UPDATE
 
 
 
 
 
 
 
 
   
Home About Us Top Stories Local News National News Sports News Opinion Editorial ET Cetra Advertise with Us ET E-paper
 
 
J&K RELATED WEBSITES
J&K Govt. Official website
Jammu Kashmir Tourism
JKTDC
Mata Vaishnodevi Shrine Board
Shri Amarnath Ji Shrine Board
Shri Shiv Khori Shrine Board
UTILITY
Train Enquiry
IRCTC
Matavaishnodevi
BSNL
Jammu Kashmir Bank
State Bank of India
PUBLIC INTEREST
Passport Department
Income Tax Department
JK CAMPA
JK GAD
IT Education
Web Site Design Services
EDUCATION
Jammu University
Jammu University Results
JKBOSE
Kashmir University
IGNOU Jammu Center
SMVDU