Madras High Court orders Tamil Nadu hospitals to record accident victim's bringer

• The Madras High Court has directed Tamil Nadu hospitals to record the identity of persons bringing accident victims.
• Doctors often write '108' instead of recording names and particulars in the Accident Register, leading to controversies during criminal trials.
• The Court's directive aims to prevent unnecessary delays and complications in medico-legal cases.

The mere mention of ‘108’ refers only to the mode of transportation and does not disclose the identity of the person who brought the victim

The Madras High Court has issued a directive to government medical officers and hospitals in Tamil Nadu, requiring them to record the identity of persons bringing accident victims to the hospital. This decision was made after a Bench of Justices N Anand Venkatesh and KK Ramakrishnan noted that doctors often write '108' in the Accident Register (AR) instead of recording the person's name and particulars. The number '108' is used to denote ambulance services, but this ambiguous entry has led to controversies during criminal trials and raised doubts about eyewitness credibility.

The Court's directive was issued in the context of the Ramasubramanian Vs State of Tamil Nadu case law. The Bench emphasized that defence lawyers often rely on vague AR entries to argue that victims were brought only by ambulance services, casting doubt on prosecution witnesses who claim to have accompanied the victim. This has led to unnecessary delays and complications in criminal trials. To address this issue, the Court directed the State and the Director of Medical Education and Research to circulate instructions to all government doctors and hospitals dealing with medico-legal cases.

The Madras High Court's directive has significant implications for lawyers advising hospitals and medical officers in Tamil Nadu. Failure to comply with the directive may lead to avoidable controversies during criminal trials, which can have serious consequences for both the accused and the prosecution. The Court's decision highlights the importance of accurate recording of information in medico-legal cases, particularly when it comes to identifying individuals who bring accident victims to the hospital.

Lawyers advising hospitals and medical officers in Tamil Nadu should take note of the Madras High Court's directive to record the identity of persons bringing accident victims, as failure to comply may lead to avoidable controversies during criminal trials.

Source: Original reporting via The Hindu