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Doctor not solely liable patients’ death at home: Punjab and Haryana high court

CHANDIGARH: The Punjab and Haryana top court docket has held that to prosecute a health care provider for loss of life by way of negligence, it must be proved that his (physician) act used to be rash and negligent. The loss of life of a affected person on reaching house will on my own no longer make the physician liable, the court docket maintained.

“For offence beneath Section 304-A (loss of life by way of negligence) beneath the Indian Penal Code, it must end up that the act used to be rash and negligent. The physician carried out surgical procedure and apart from the fact that subsequently, the affected person on reaching house, complained of acute ache, is probably not sufficient to conclude that the petitioner physician used to be negligent in performing surgical procedure,” the HC has held.

Justice Kuldip Singh of the HC passed these orders while quashing an FIR registered against Dr Manish Bansal, a senior clinical officer at the moment posted in Fatehabad district in Haryana, in the case of the loss of life of a affected person after operation.

On July 30, 2011, the physician used to be booked by way of the local police beneath Section 304-A of the IPC on the criticism of the deceased’s father-in-law. The complainant had alleged that after on July 28, 2011, his daughter-in-law used to be delivered to Guhla hospital for sterilisation operation, she used to be have compatibility and wholesome. However, when she returned house after the operation, she complained of acute ache and died on the method when she used to be being delivered to the hospital.

It used to be alleged that she died as a result of negligence by way of the physician. After the FIR, charges have been also framed against him by way of the local court docket.

Aggrieved, the physician had approached the HC to submit that he used to be a central authority physician and used to be performing professional duties and undertaking sterilisation operations however govt’s permission used to be no longer taken earlier than prosecuting him. He also claimed that the board of docs gave opinion that the reason for loss of life of the affected person used to be surprise and hemorrhage but the police had still booked him.

After hearing the pleas, the HC opined that on this case it has no longer been alleged that the physician used to be no longer possessing essential qualifications. He carried out several operations and there have been no complication in other cases.

“Now, query would arise as to what is the prima facie evidence of negligence? Doctor used to be duly qualified being MBBS MS (common surgical procedure). It isn't alleged that he used to be drunkard or he used the equipment that have been no longer intended for surgical procedure. He carried out surgical procedure in numerous cases. The provide case is a have compatibility case, the place powers beneath Section 482 of prison procedure code (inherent powers) will have to be exercised to quash the court cases, leaving the complainant to assert repayment from the federal government, if he so needs,” observed the HC while cancelling the FIR against the physician.

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