Committee-Justice M.Marutamuthu Committee - Recommedations of committee-Acceptance of certain findings-order-issued

Read 1.G.O (2D) No.23, Health dt.21.4.1999.

2.G.O.Ms.No. 407, Healtdt 19.12.2000.

3. Report of justiceThiru M. Matuthamuthu, dt. 31.1.2002.

Order:

In the Government order first read above, a commitee was constituted to look into mishaps occurring during Professional duties of Doctors working in Government and Private Hospitals and to submit a report suggesting the guidelines and measures to be adopted by Government irespect of litigatioria in Court rising out of tne mishaps. In the Government order second read above Thiru, Justice M. Maruthamuthu, retired high court judge, was appointed as Chairman of the Committee.

2. The Committee which looked into the above issues in detail submitted its report to the Government on 31.1.2002. The Government as be examined the recommendations of the Committee and pass the following orders to adopt the procedure whenever litigations arise due to the mishaps that occururing in the Medical / Surgical treatment given by Doctors in Government-Hospitals/Private Nursing Homes/Hospitals.

I. To follow the existing procedure of allowing the Police registering the complain under section 304 (a) I.P.C., and investigate;

II. To permit an Officer of the rank of Deputy Superintendent of Police or Asst. Commissioner of Police to do investigation

III. To issue Departmental instructions for not to arrest Doctors, as a matter of routine and to effect arrest only when it is legally justified and with the consultation of Senior Police Officers.

IV. To create a corpus fund from the contribution of Rs. 101- P.M. from every Doctor.

V. To make the Government Doctors, to pay compensation awarded by court in the court first and then to apply for the refund of amount paid in the court by doctors from the corpus fund created.

VII. To consider the creation of Corpus Fund as a trial measure only and to revise the subscription of Corpus Fund depending upon the functioning of this scheme after one year.

3. The Director-General of Police is requested to follow the procedures mentioned in the items, (I); (ii); and (III) in paragraph 2 above, whenever occurrence of such cases take place In the Government Medical Institutions Private Nursing- Homes / Hospitals.

4. The Director of Medical & Rural Health Services is requested to take necessary action on the items mentioned in paragraph 2(iv) (v) (vi) and (Vii) above in the Government Medical Institutions.