In response to a query about how the carelessness of a qualified doctor should be assessed, the single bench of the Jammu & Kashmir & Ladakh High Court, comprised of Justice Wasim Sadiq Nargal, stated that only experts may certify a doctor's negligence. The bench noted that an inquiry committee comprised of Drs. Ramesh Gupta, Medical Superintendent, Govt. Hospital Gandhi Nagar, Jammu (chairman), Anoop Singh Manhas, State Veneriologist, DHS, Jammu (Member), and Rakesh Gupta, Consultant, Govt. Hospital, Gandhi Nagar, Jammu (Member) was established in order to determine whether the respondent engaged in any medical negligence during the treatment or operation of Jai Kumar.

Reading through the inquiry report revealed that the Inquiry Committee had stated that they had not discovered any instances of the treating doctor's carelessness and that the patient had been managed in accordance with regular protocol. 

The moot subject that was brought before the court for resolution was how and on what basis the carelessness of a licenced physician would be determined in order to hold him accountable for his medical acts and recommendations. 

In ruling on the case, Justice Nargal said that only specialists may vouch for a doctor's carelessness or lack thereof, and it is clear from investigation reports produced by the subject-matter experts that the respondent did not act negligently while treating the dead.

The panel decided that it was important to note the Supreme Court's observations in Jacob Mathew v. State of Punjab and Others (2005), 

"To prosecute a medical professional for negligence under criminal law it must be shown that the accused did something or failed to do something which in the given facts and circumstances no medical professional in his ordinary senses and prudence would have done or failed to do. The hazard taken by the accused doctor should be of such a nature that the injury which resulted was most likely imminent".

Applying the ratio of the Apex court judgement supra Justice Nargal further observed ,

"the claim of the petitioners, when considered in the light of two inquiry reports submitted by the expert bodies, merits rejection as the two expert bodies have exonerated the respondent and no negligence on his part was found. When negligence of respondent was not proved and he was given clean chit by the experts in the field, question of compensation on account of alleged negligence on part of respondent does not arise".

The petition and all related applications were dismissed by the court for the aforementioned reasons.

Case Title : Pooja Sharma & Ors Vs State of J&K & Ors.
Citation: OWP No.214/2015
Link: https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=oVz058q2ZLjDVEITM0Vw1J%2FSC4334WSIPdrSs0yibBqbkYWmmXLCxBkiAvJc6ict&caseno=OWP/214/2015&cCode=1&appFlag=