DOCTOR IN JAIL FOR 8 MONTHS RELEASED ON BAIL BY HIGH COURT IN MEDICAL NEGLIGENCE CASE
In this case a 20 year old male patient approached this Doctor (Accused herein) with complaint of Epigestric Pain, Breathless and Uneasiness. After examining the patient, Doctor gave him injections like Pan40, Dexa, Deribhylling. After understanding the Patient has not got relief, Doctor took the patient to another hospital where during treatment patient died and body was reported for postmortem. ADR (Accident Death Report) was filled by police. Expert committee report was received by police thereby confirming medical negligence, which led to Judicial imprisonment of the Doctor. Further investigation shows that Doctor is registered with medical council of his Pathy but was not allowed to prescribe allopathic medicines as registration was in different Schedule, Also in same case Doctor has put additional qualification as CCH (Certificate in Child Health) , CGO ( Certificate Gynecology & Obstetrics) , MD (Medicine – A) alternative medicine on its clinic board, These all are certificate courses done by Doctor was for upgrading his skill, which was termed by investigation officer as Bogus Certificates. As it was not registered in respective medical council as additional qualification. Doctor was arrested under IPC section 304,420,468,465 and 471 read with section 34. 33A of MMP Act 1961, in similar cases charge sheet is filled after 3 months; The Bail got rejected at Session Court, thereafter relative of the Doctor approached Advocate Dr Arun Mishra, A Medico Legal Expert, Consultant with Doctors Risk/Legal MD having an experience of defending doctors since last 15 years. After going through the charge sheet Adv Dr Arun Mishra was of the Opinion that the treatment given by the Doctor and cause of death has no connection. Hence he filled Application for Bail in High Court and convinced the Hon’ble High Court that Histo pathology report which indicates cause of death in young patient was due to cardiac aliment (Chronic Myocarditis and Blockage) with old history of MI which was shown to court and argued that there was no intention/act/knowledge which leaded to death of young patient and it was also argued that the urgent treatment given to the patient did not cause death of the patient as the death was due to the previous ailment. After hearing both the sides, the Hon’ble High Court was pleased to pass order for releasing the Doctor.
Advice : Always consult Medico Legal Experts in Medical Negligence case.