GOVERNMENT OF TAMIL NADU
ABSTRACT
Committee – Justice M. Maruthamuthu Committee –Recommendations of
Committee –Acceptance of certain findings – Orders – issued.
HEALTH AND FAMILY WELFARE (E.1) DEPARTMENT
G.O.(M.S.) No : 133, Health Dated : 09.07.2002
Read : -
1. G.O. (MS) (2D)) No : 23, Health, dated:21.04.2002.
2. G.O. (MS) No: 407, dated:19.12.2000
Read also:-
1. Report of Justice Thiru. Maruthamuthu, dated:31.01.2002.
ORDER :
1. In the Government order first read above, a Committee 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 in respect of litigations in Court arising out of the 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 31.01.2002. The Government have examined ¾ the recommendations of the Committee and pass the following orders to adopt the procedure whenever litigations arise due to the mishps that occur during 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 complaint 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 the 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 Consultaion of Senior Police Officers.
IV. To Create a Corpus Fund from the contribution of Rs. 10/- 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, thus created.
VI. To frame certain guidelines for the regulation of nature of cases eligible for re-imbursement from Corpus Fund and for administration of Corpus Fund.
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)&(iii) in the paragraph 2 above, whenever occurrence of such cases take place in the Government Medical Institutions/Private Nursing Homes / Hospitals.
4. The Director of Medical and Rural Health Services is requested to take necessary action on the items mentioned in the paragraph 2(iv);(v);(vi) and (vii) above in the Government Medical Institutions.
(BY ORDER OF THE GOVERNOR)
Syed Munir Hod
Secretary to Government
