Judgement of Punjab and Haryana High court on medical negligence cases
Punjab and Haryana High Court Judgement on Medical Negligence Cases – Significant judgment is made by the Punjab and Haryana High Court related to medical negligence complaint cases. The High Court made it clear that the opinion of a government doctor qualified in the branch concerned with the medical negligence case is mandatory.
The judgment came on a petition filed by Dr. Kamal Jeet Singh who was accused in one such case. Dr. Kamal Jeet Singh quashed the criminal complaint against him along with all the proceeding which took place afterward.
Justice Mahabir Singh Sandhu ordered the setting aside of summoning order passed by Amritsar court and directed the constitution of the medical board to look into the negligence of petitioner doctor. For passing this doctor centric order, Justice Sandhu looked at two orders passed by Supreme Court of United Kingdom (UKSC) and confirmed that the test for determining medical negligence, as laid down in Bolam’s case, is applicable up to a good extent in India, where it was declared that opinion of a government doctor is a must condition in such cases.