The Supreme Court in the case of Jacob Mathews v/s State of Punjab has provided 3 valuable protections to doctors in cases of criminal medical negligence. These are:

• Right 1. Private Complaint in Court​

  The patient should be asked by the court to first produce opinion of another doctor​ (Not mandatory)​

• Right 2. Police Complaint

  Police must obtain credible opinion of another doctor in government service of the same specialty / qualifications before proceeding further (mandatory) ​

• Right 3. Arresting Doctors for Medical Negligence

  Police cannot arrest doctors for medical negligence in a routine manner​

Paragraph 53 of the judgment:

“So long as it is not done, we propose to lay down certain guidelines for the future which should govern the prosecution of doctors for offences of which criminal rashness or criminal negligence is an ingredient. A private complaint may not be entertained unless the complainant has produced prima facie evidence before the Court in the form of a credible opinion given by another competent doctor to support the charge of rashness or negligence on the part of the accused doctor. The investigating officer should, before proceeding against the doctor accused of rash or negligent act or omission, obtain an independent and competent medical opinion preferably from a doctor in government service qualified in that branch of medical practice who can normally be expected to give an impartial and unbiased opinion applying Bolam’s test to the facts collected in the investigation. A doctor accused of rashness or negligence, may not be arrested in a routine manner (simply because a charge has been levelled against him). Unless his arrest is necessary for furthering the investigation or for collecting evidence or unless the investigation officer feels satisfied that the doctor proceeded against would not make himself available to face the prosecution unless arrested, the arrest may be withheld”.