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Walk with pride and hope. No FIR Against Physicians, Supreme Court


In an important decision Hon'ble Supreme Court of India said, that if the advise of a lawyer goes wrong in some way, or a good outcome doesn't come as a result of a treatment by a doctor, even than no case under section 420 IPC (Cheating and dishonestly inducing delivery of property) or 109 IPC (Punishment of abetment if the act abetted is committed in consequence and where no express provision is made for its punishment) or something like that can be registered against lawyer or doctor unless there are strong evidence that establish relation of advocate with criminals involved in the case.
Court also said that in professions like lawyers and doctors, the professionals cannot guarantee for the success of the case. Courts said that the advocate cannot provide guarantee to his/her client that he would definitely win the case and nor doctor can tell his patient that is operations are always successful. And though this professions doctor and lawyer can only say that they are experienced in their work and they would do their best efforts so that they are successful. SC opined that there is a world of difference between giving of improper legal advice and wrong legal advice”.
The case being heard is that CBI has asked for advise of a lawyer on title deed in a matter of loan. The lawyer have given a clean chit to that deed at that time, but after that the scandal of millions took place on the same deed. CBI registered a criminal case against the lawyer under section 420 and others that was dismissed by High Court. After this, CBI went to Supreme Court in appeal against the order, which the Hon'ble Supreme Court also dismissed. Justice bench said while giving decision that a case cannot be registered against a lawyer just because his advice was not right. The wrong advice of the lawyer can be considered negligence or professional misconduct, that too only when there is strong evidence.
So a Doctor can treat a patient with common standard justifiable knowledge of medicine available in his/her access of diagnosis and treatment need not to follow the best available standard or specialist or super specialist workup but have to be remain vigilant for any untoward side effect or complication requiring early detection or referral But  no recovery /cure is yardstick of competency, any failure cant be considered as negligence or professional misconduct and thus no FIR for criminal case or consumer court can be initiated against a doctor.

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