Negligence by doctors can affect court verdicts, cause delays: Justice N Kumar

Mangalore, Jul 13: Doctors have a very big role to play in the dispensation of justice in the court of law. If the disposition by medical experts in a case is partial or incorrect, the judgement passed by the judges will be erroneous, said Karnataka High Court judge Justice N Kumar.

Delivering the inaugural address at a workshop on Role of a doctor in dispensation of justice' organised by Dakshina Kannada District Legal Services Authority, Mangalore and District Health and Family Welfare Department, in association with Wenlock District Hospital, Mangalore here on Sunday, he said that it was dangerous to give unsatisfactory medical assistance in court as it would affect the judgement pronounced by the judge in a criminal case. If the medical evidence is unsatisfactory, the judge is compelled to arrive at a verdict without considering the medical evidence and the end result is injustice. Doctors are equally to blame if the accused in a criminal case are acquitted based on unreliable medical evidence, he said.

He said that the court could not take a judgement without medical evidence especially in cases of motor accidents. In cases of compensation in road accidents, it is awarded on the basis of the age of the victim and his earning capacity. Hence, even an unintended mistake on the part of the doctor delays disposal of the case. Doctors must be clear in mind while recording his observations, since they are of importance in a case, he said.

“We have to depend necessarily on the evidence of medical experts in motor accidents and matrimonial cases. Great injustice may be done due to the incorrect evidence provided by doctors and ignorance of the judges,” he said, calling on the medical community to understand their responsibility, importance and role in dispensation on justice.

Topics such as medical negligence, medico-legal autopsy, sexual assault and medical documentation were dealt with in the day-long workshop.

Principal District and Sessions Judge Uma M G, assistant director of Karnataka Judicial Academy, Bangalore S R Somashekhar, Additional Deputy Commissioner Sadashiv Prabhu, DK district health and family welfare officer Dr Shivakumar H S, Dean of Kasturba Medical College, Mangalore Dr M Venkatraya Prabhu, Superintendent of Wenlock District Hospital Dr H R Rajeshwari Devi and others were present.