In medical negligence cases, usually the complaint is forwarded to State Medical Council for ‘expert opinion’. And if SMC does not find any medical negligence, the case may be closed.
However, this NOT how it necessarily needs to be, per specifics of the case.
As set out in the Hon’ble Supreme Court Judgement cited above ( and several others similar), for Expert Evidence to be admissible:
- Expert has to be heard.
- He must be within a recognised field of expertise.
- His evidence must be based on reliable principles.
- He must be qualified in that discipline.
Reiterated- without examining expert as a witness, no reliance can be placed on his opinion alone.
( Ramesh Chandra Agrawal Vs Regency Hospital & Ors, Civil Appeal No. 5991 of 2002)
Section 45 of the Indian Evidence Act is relevant here. It says:
When the Court has to form an opinion upon a point of foreign law or of science, or art, or as to identity of handwriting, 1[or finger impressions], the opinions upon that point of persons specially skilled in such foreign law, science or art, 2[or in questions as to identity of handwriting] 1[or finger impressions ]are relevant facts.
Such persons are called experts.
Illustrations
(a) The question is, whether the death of A was caused by poison.
The opinions of experts as to the symptoms produced by the poison by which A is supposed to have died, are relevant.
(b) The question is, whether A, at the time of doing a certain act, was, by reason of unsoundness of mind, incapable of knowing the nature of the act, or that he was doing what was either wrong or contrary to law.
The opinions of experts upon the question whether the symptoms exhibited by A commonly show unsoundness of mind, and whether such unsoundness of mind usually renders persons incapable of knowing the nature of the acts which they do, or of knowing that what they do is either wrong or contrary to law, are relevant.
(c) The question is, whether a certain document was written by A. Another document is produced which is proved or admitted to have been written by A.
The opinions of experts on the question whether the two documents were written by the same person or by different persons, are relevant.
Here are some more posts on Medical Jurisprudence. Maybe of help / interest !
In this Article we discuss a not much talked about aspect of medical ” practices” that may, sometimes lead to complications and even death for the patient. Aspect which the medical fraternity would perhaps prefer not be mentioned, and which the Indian Law does not have any clear cut answers to ! But happen it does. So, since forewarned is forearmed , here goes !
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