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The Karnataka High Court recently quashed a medical negligence case against three doctors, citing the absence of an expert medical opinion to substantiate the charges. The case originated from a 2014 complaint alleging that the doctors failed to adhere to standard protocols while treating a pregnant woman at Vivekananda Maternity Hospital.
On June 28, 2023, Justice Sachin Shankar Magadum ruled that the police had filed a chargesheet without obtaining an expert opinion, which is essential in such cases. The court emphasized that the Medical Council of India (MCI) had previously concluded there was no evidence of negligence by the doctors.
This decision aligns with the Supreme Court's precedent in Jacob Mathew v. State of Punjab, which mandates that before initiating criminal proceedings against medical professionals for alleged negligence, an independent and competent medical opinion should be obtained, preferably from a government doctor qualified in the relevant field.