In a recent judgment in Dr BC Jain v Maulana Saleem, Madhya Pradesh High Court framed guidelines for the prosecution of doctors working in a government hospitals who are accused of medical negligence resulting in death. The guidelines will have a persuasive effect over all cases of medical negligence.
Saleem had filed a criminal complaint against Dr Jain and a magistrate had issued a summons for the doctor to face trial, which was challenged by Dr Jain before the sessions court. On dismissal of the challenge, Dr Jain approached the high court.
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The dispute digest is compiled by Bhasin & Co, Advocates, a corporate law firm based in New Delhi. The authors can be contacted at lbhasin@bhasinco.in or lbhasin@gmail.com. Readers should not act on the basis of this information without seeking professional legal advice.
