Now, no immediate arrest of doctor in allegations of negligence in treatment
Jaipur: The police will not directly register an FIR or arrest a doctor in cases of a patient's death or alleged negligence during treatment. In an SOP issued by the Additional Chief Secretary of the Home Department, the police have been instructed not to arrest doctors merely on allegations of negligence in treatment. The SOP has been issued in wake of a woman doctor’s suicide in the Lalsot area of Dausa.
As per the directors, action will be taken against a doctor only if in the opinion of the medical board, there is gross medical negligence on part of the doctor. For that too, the permission will first be sought from the concerned superintendent of police and an arrest will be made only if there is a possibility of the doctor not cooperating in the investigation or the doctor absconding. When the complainant is a doctor, quick action will be taken by the police.
The police have been asked to strictly follow the Rajasthan Medical Nursing Service Personnel and Medical Nursing Service Association Act 2008.
While the Home Department has given protection to doctors and medical workers, it has also urged doctors not to boycott work following any untoward incident or in support of their demand. The doctors have been asked to put their demands before the government following the rules.
On receipt of a complaint or complaint of medical negligence, the police station in charge will enter it into the police station records. If the information or complaint is related to death, then the post-mortem examination will also be done under videography.
“The arrest of the doctor will be possible after receiving the report of the medical board regarding negligence during treatment. Prior to arrest, the permission of an officer of the rank of superintendent of police has to be obtained. Arrest orders can be given on the written report of the police officer regarding the doctor or other medical staff not cooperating in the investigation or escaping from the prosecution,” as per the SOP.
The doctors associations has however said that the accountability of the police is not fixed in the SOP. Ignoring the guidelines of the High Court, no order has been passed on the action to be taken against the police officers.