Noting that frivolous complaints against doctors have increased by leaps and bounds, the Supreme Court on February 17, 2009 held that the police cannot arrest doctors over complaints of medical negligence without prima facie evidence.
The apex court also restrained courts, including consumer fora, from issuing notices to doctors for alleged medical negligence without seeking an opinion from experts.
A bench of Justices Markandeya Katju & R M Lodha ruled that courts must first refer complaints of medical negligence to a competent doctor or a panel of experts in the field before issuing notice to the allegedly negligent doctor.
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