Friday, March 1, 2019

Can you be punished for something, which is not a part of the charge sheet?

The judgement of the Calcutta High Court in the matter of Snigdhendu Ghosh vs State of West Bengal & Ors on 19 July, 2018 has answered many questions that arise when a medical negligence case is filed against a doctor, as follows:

·         Limitation period in filing a complaint
·         Can you be punished for something which is not a part of the charge sheet?
·         When can you appeal to GOI as a remedy?
·         Can the high courts interfere before all the remedies are exhausted?
·         Can a council go to the Supreme Court? (This is like the lower court going to the Supreme Court against a High Court order)
·         Is error of judgment negligence?
·         Does giving three antibiotics in typhoid amounts to negligence?
·         Is error in judgment an infamous act?
·         When to pass a judgment in interim stage?
·         Is it necessary for the council to give reasoned judgments?
·         What are the principles of natural justice?
·         When challenging a council decision, is it not necessary to make the patient a party?
·         Can a doctor file compensation from council for wrong decision?
·         What did the Supreme Court do in this case?

West Bengal Medical Council vs Dr. Snigdhendu Ghosh on 20 February, 2019/ SLP/ 4132/2019/ Arising out of impugned final judgment and order dated 19-07-2018 in MAT No. 28/2018 passed by the High Court At Calcutta).This petition was called on for hearing on 20-02-2019.

Coram: Hon'ble Mr. Justice Arun Mishra, Hon'ble Mr. Justice Navin Sinha

Order: No case is made out to interfere with the impugned order (s) passed by the High Court. The special leave petition is, accordingly, dismissed. However, this order shall not be treated as a precedent. Pending application(s), if any, shall stands disposed of.

Read the High Court Order 1 here ….

Read High Court Order No. 2 here ….

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