The Punjab and Haryana High Court has unequivocally stated that the most qualified individuals or bodies to assist the judicial system in determining whether medical negligence has occurred are experts in the medical field. This observation came as the Bench overturned a Gurugram court's order that had summoned a doctor to face trial under Section 304-A of the Indian Penal Code, which pertains to causing death by negligence.
Court Criticizes Procedural Lapses
Justice Surya Partap Singh, presiding over the case, emphasized that the trial court had failed to adhere to its own earlier directive to obtain an expert opinion from the Postgraduate Institute of Medical Education and Research (PGIMER) in Chandigarh. The court held that the summoning order was unsustainable in its current form. Consequently, the trial court has been instructed to first procure the expert report from PGIMER, review it alongside the existing material, and then issue a fresh order.
Background of the Case
The case originated from allegations of medical negligence concerning the treatment of the complainant's sister. The doctor in question challenged the summoning order, arguing that he was being subjected to unnecessary harassment. Notably, a District Medical Negligence Board had already concluded that the doctor could not be held negligent.
Justice Singh noted that the District Medical Negligence Board, constituted by the Gurugram Chief Medical Officer and comprising six doctors including specialists, submitted its report on February 5, 2024. The Board opined that the doctor was not negligent. The court reiterated that expert medical bodies are best equipped to help the judicial system arrive at a conclusion regarding medical negligence.
Complainant's Challenge Dismissed
The court also observed that the complainant had challenged the Board's findings by filing a criminal complaint against the Chief Medical Officer and the six Board members. However, this complaint was dismissed by a Judicial Magistrate First Class in Gurugram on June 3, 2025. The dismissal, the court noted, implied that there was no existing question mark over the validity of the Medical Board's findings.
Violation of Judicial Discipline
Justice Singh further remarked that the trial court had earlier directed an expert report from PGIMER but proceeded to pass the summoning order without awaiting it. He stated, “In my opinion, the procedure adopted by the learned trial Court is in violation of its own direction, and therefore, perverse and contrary to the settled norms of judicial discipline. If there was any difficulty in procuring the report of PGI Chandigarh as ordered on September 28, 2023, the proper course available to the trial Court was to recall the order by giving a justification and then proceed further with the complaint. But such procedure was not adopted by the learned trial Court.”
The High Court's ruling underscores the importance of expert opinions in medical negligence cases and reinforces the principle that judicial bodies must follow due process and respect their own directives.
