“Determining cases of medical negligence presents a significant challenge for courts and presiding judges, primarily due to the complexity of the medical facts involved. Medical negligence cases often require a deep understanding of intricate medical procedures, standards of care, and the nuances of clinical judgment,” the Orissa High Court observed while adjudicating the grievance of a widow whose husband died of cancer in an alleged case of medical negligence.
Judges, who may not have medical expertise, must rely on expert testimonies to interpret these specialized aspects, making it essential to evaluate the credibility and reliability of these experts, Dr. Justice S K Panigrahi stated in an order pronounced recently.
Adjudicating the prayer of the petitioner Kaushalya Sharma, Dr. Justice Panigrahi directed the Odisha Director of Health Services to establish and participate in a three-member committee, including medical experts from neutral third parties, for the thorough examination of the case at hand.