Doctors Warrant Protection from Vexatious Litigation

Doctors Warrant Protection from Vexatious Litigation

In a latest judgment, the Bombay High Court has focussed on protecting the doctors from frivolous and unjust criminal prosecutions. Showing concern over increasing criminal cases against doctors, the court points to the potential detriment such criminal prosecutions may have upon the medical profession and the health care system at large. The judgment reiterated that doctors should not undergo criminal prosecution except in cases of gross negligence or willful misconduct.Case Facts and Observations The case discussed here dealt with a case of alleged medical negligence against an attending practicing doctor that led to a criminal complaint. The Bombay High Court observed that the grounds for complaint were very weak and did not merit criminal prosecution. Here, the Court pointed out that doctors, like all professionals, require accountability for their mistakes but at the same time observed that law cannot be used as an instrument for harassment. The court further noted that such cases are not only bad for the individual doctors but also for the medical profession as a whole. Frivolous complaints deter doctors from taking on tough cases, which may result in depriving needed medical care to patients. Legal Framework and Protection for Doctors This Bombay High Court case has highlighted the jurisprudential principles regarding medical negligence. This is so in a series of landmark decisions the Supreme Court of India laid down, holding that doctors cannot, under Section 299 of the Indian Penal Code. This nature of medicine, per se, is one of uncertainty and risk. Even a medical professional exercising reasonable care and skill can make mistakes. The court restated its position that prosecution for medical negligence should only be instituted after preliminary investigation by medical experts on whether the doctor's act was in concordance with the accepted standard of medical praxis. If the doctor followed the standard procedures and acted bona fide, he should not have been subjected to criminal proceedings. Effects on the Healthcare System Rising criminal complaints against doctors draw broad implications for a health system. The possibility exists that doctors may begin to shun the treatment of high-risk patients or complex surgeries in a bid to avoid litigation. The Bombay High Court judgment aims to find an equilibrium between the need for medical professionals to be accountable and the need not to harass them unnecessarily. In an atmosphere that does not fill the courts with frivolous prosecutions, by limiting such frivolous prosecutions in the first place, the Court has managed to give a living legal environment in which doctors can practice without the constant fear of litigation leading, in turn, to better healthcare for all.

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