Skip to main content

Every careless act of doctors not criminal: HC

In what might sound music to the ears of the medical fraternity, the Hyderabad high court has held that when a patient agrees to go for medical treatment or surgical operation, every careless act of the medical staff cannot be termed as criminal.

Justice B S Ravi Kumar gave the ruling while allowing a plea by Dr P Malathi and Dr L Sudhakar, who sought suspension of a criminal complaint against them in a lower court of the city. While delivering the verdict, the judge relied upon the decision of the British House of Lords in RV Adomako case, in which the they held that a doctor cannot be held criminally responsible for the death of patients unless his negligence or incompetence showed such disregard for the life and safety of his patient as to amount to a crime against the state.

Applying the findings to the present case, the judge said, "It can be termed criminal only when the medical man exhibits a gross lack of competence or inaction and wanton indifference to his patients' safety and which is found to have arisen from gross ignorance or gross negligence."

The present case arose when a woman brought for treatment at Shalini Nursing Home in the city died while under treatment. Her husband and parents initially moved the consumer forum, which held that there was no negligence on part of the doctors. The husband then moved the AP Medical Council and its Ethical and Malpractices Committee, which also ruled out negligence and said the woman had died due to a rare complication of Amniotic Fluid Embolism. The husband also moved the Medical Council of India against Dr Sudhakar and the MCI passed an order against the doctor, which was later set aside by the AP high court.

Later, the patient's parents initiated criminal proceedings against the doctors before a lower court in the city. After perusing the evidence on record and the legal position, the judge found that the patient's body was taken away by her family members without conducting the post-mortem. The judge also noted that the incident took place on March 6, 2003 and the complaint before the court was filed on Feb 12, 2004. If death was doubted, the complainant should not have waited for such a long time, they felt.

The judge pointed out that "it is not in dispute that the complainant is a senior advocate and the husband of the deceased a senior bureaucrat and both of them have not insisted on the post mortem and took the dead body, but have not raised even their little finger nearly for a year on this aspect"

Quashing the criminal proceedings, Justice Ravi Kumar said, "I am of the view that there is no material showing gross negligence or recklessness on the part of these two petitioners for the death of the deceased and the ingredients of Section 304-A of IPC are not at all attracted against the petitioners."

Article referred: http://timesofindia.indiatimes.com/city/hyderabad/Every-careless-act-of-doctors-not-criminal-HC/articleshow/38574547.cms

Comments

Most viewed this month

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...

Property can be sold on power of attorney - Delhi High Court

As reported in the Hindusthan Times on 5th May:-  http://www.hindustantimes.com/India-news/NewDelhi/Property-can-be-sold-on-power-of-attorney/Article1-1054964.aspx In a judgment that will benefit lakhs of Delhi residents living in co-operative housing societies and DDA flats, the Delhi High Court has quashed a Delhi government circular banning property sale in the Capital through general power of attorney (GPA). The court found that the directions in the circular, issued by the revenue department on April 27 last year, were contrary to the Supreme Court judgment dated October 11, 2011. The HC order will increase the number of saleable properties in Delhi and could bring down the value of freehold properties. According to realty watchers, on an average, around 20% of properties are registered through GPA transfers — a common way of selling leasehold properties and those that don’t have a clear title. The judgment came on a petition filed by a company, Pace Developers and ...

Vanishing promoters and languishing shareholders

Over Rs 60,000 crore of shareholders’ wealth is stuck in 1,450 companies suspended by the stock exchanges. More importantly, near 100 per cent pledging of promoter holding appears to be common in many of these companies. This, almost rules out any chance of the companies bouncing back. The suspension is for non-compliance of the listing norms. Vanishing Companies - Definition As per the definition stipulated by SEBI, any listed company, which raised moneythrough initial public offer and, thereafter, stopped operations, did not file returnseither with the RoC or SEBI and did not exist on the registered premises wastermed as vanishing.There are provisions under Companies Act under which companies are termedvanishing companies on satisfying certain conditions. it is provided a companywould be deemed to be a vanishing company, if it satisfies all the conditions given below : a) Failed to file returns with Registrar of Companies (ROC) for a period of two years; b) Failed to fil...