Doctors plea in medical negligence case dismissed

04 October, 2016

BENGALURU: The high court on Monday dismissed the pleas of two doctors working at a private hospital in an alleged medical negligence case registered in April 2010.

Dismissing the pleas filed by Dr Indira Rao, a gynecologist, and Dr Anil KumarSakalecha, a radiologist, Justice Anand Byrareddy noted that the issue needs to be decided in a trial. "There's a serious controversy as to whether the records available clearly indicate the actual sequence of events, especially the glaring inconsistency to the cause and time of death of the patient as stated by Dr Rao and as reflected in the postmortem. This is indeed perplexing," the judge stated.


Along with the two petitioners, the CID had filed a chargesheet against Santosh Hospital and its other staff, including doctors and nurses. This was after Parikshith Dalal, a resident of Pulakeshinagar, filed a complaint with Fraser Town police against the hospital and its staff for the death of his wife Kapali Patne and her unborn child on April 16, 2010, after she allegedly fell from the operation table.

The CID, which investigated the matter, had claimed that the doctors had not taken enough care while shifting the patient inside the operation theatre where she dropped from the table that was four feet above the ground level, causing fracture to Patne's pelvic bone. The gynecologist failed to save the child, which resulted in the death of both mother and the child, the CID said. The petitioners had claimed that at the most it could be a negligence act for want of due care and precaution and no criminal liability.


The complainant cited the postmortem report, saying death was due to "shock and haemorrhage due to injury in the pelvis".