Med board’s opinion must for filing FIR against docs

Jaipur: The Rajasthan government has issued a new standard operating procedure (SOP), which makes it mandatory for the police to seek a medical opinion before registering an FIR against doctors and medical workers in cases of medical negligence. The new SOP comes almost two months after a gynaecologist, Archana Sharma (42) had committed suicide following an FIR against her after a patient’s death at her Dausa hospital.
The SOP instructs that upon receiving the information, or complaint of medical negligence, the police station in-charge must record the same in the roznamcha (daily diary). In case of alleged medical negligence leading to death, the concerned police officer is ordered to register a case under Section 174 of the Code of Criminal Procedure (inquiring suicide or suspicious death etc). A video recording of the post-mortem of such cases will be requisite.
The second step of the SOP mandates station house officers (SHOs) to conduct a preliminary investigation of the complaint, and seek an independent and fair opinion about the case from a medical board.
The SHO can appeal to the principal of the medical college and the chief medical officer for the same. The medical officials will have to appoint doctors and form the medical board within three days.
The same board of medical experts will hand over their findings within 15 days. The SOP stipulates that an FIR could only be registered once the opinion finds grounds for the gross medical negligence.
Similarly, an arrest in cases of gross negligence could only be made following the approval from the superintendent of police (SP), or deputy commissioner of police (DCP). Also, the arresting orders should only be issued once the SHO is of the opinion that the doctor or medical worker, is not cooperating in the investigation, or the arrest is requisite for the collection of evidence.
The SOP also states that an arrest can also be made wherein the concerned medical worker or doctor is hiding from the case.
Similarly, the Rajasthan Medicare Service Persons and. Medicare Service Institutions (Prevention of Violence and Damage to Property) Act, 2008, will be sternly followed and adequate security actions must be taken to protect doctors and medical staff. The SOP also states that the doctors and medical workers are expected not to go on strike and will present their demands before the government as per the law.