Supreme Court of India - "We, therefore, direct that whenever a complaint is received against a doctor or hospital by the Consumer Fora (whether District, State or National) or by the Criminal Court, then before issuing notice to the doctor or hospital against whom the complaint is made, the Consumer Forum or Criminal Court should first refer the matter to a competent doctor or a committee of doctors specialized in the field relating to which the medical negligence is attributed. Only after that doctor or committee reports that there is a prima facie case of medical negligence should notice be issued to the concerned doctor/hospital.

Direction by the Supreme Court:

"We, therefore, direct that whenever a complaint is received against a doctor or hospital by the Consumer Fora (whether District, State or National) or by the Criminal Court, then before issuing notice to the doctor or hospital against whom the complaint is made, the Consumer Forum or Criminal Court should first refer the matter to a competent doctor or a committee of doctors specialized in the field relating to which the medical negligence is attributed.

— Martin F. D’Souza v. Mohd. Ishfaq, (2009) 3 SCC 1, Para 117

Purpose of This Direction:

• To protect doctors from harassment and frivolous litigation.

• To ensure that non-expert forums do not make medical judgments without input from professionals.

• To balance the rights of patients with the need to respect medical expertise.