K. HARIDAS Vs. STATE OF KERALA

JUDGEMENT

(1.) Recognising that not all medical complications are the result of medical negligence or iatrogenic lapses, the Hon'ble Supreme Court, in Jacob Mathews v. State of Punjab [(2005) 6 SCC 1], declared the law that in cases where a criminal prosecution is initiated against a doctor or health care professional, the Investigating Officer is expected to obtain expert opinions from the best inputs, for which, Expert Committees consisting of Medical Experts and Forensic Experts require to be established.

(2.) The specific directions in the afore judgment would require to be kept in mind while I proceed to deliver judgment with these cases; and therefore, extracted them as under:

(3.) I am considering the afore two cases together because, in one of them, the Expert Body has found in favour of the doctor; while, in the other, against - though involving two distinct and different instances of alleged medical negligence. I am of the view that these matters require to be tested against each other, so that the forensic issues involved would obtain its best reflection, recognition and resolution because, both sides of the perspective is now available.