PE ordered into alleged medical negligence

Excelsior Correspondent
JAMMU, Jan 24: Munsiff/Judicial Magistrate First Class Bishnah Assma Choudhary has ordered preliminary enquiry (PE) into a death allegedly due to medical negligence.
The applicant Rocky Sharma approached the court with an application seeking registration of FIR against Dr Subash Shivgotra for his medical negligence, which led to the death of brother of the applicant.
“In order to ascertain whether prima facie a medical negligence is made out against a medical professional or not, I deem it appropriate to refer the matter for a preliminary enquiry”, Judicial Magistrate First Class said.
Accordingly, Magistrate directed that SSP Jammu shall place the matter before the Principal Government Medical College Jammu, who shall constitute a committee of doctors or experts to give an opinion applying the Bolam’s test to ascertain whether a prima facie case of medical negligence is made out against the non-applicant or not.
SSP shall file the report of preliminary enquiry on next date of hearing, the Magistrate directed.