08 January, 2017


Grants non-conditional bail to four doctors and nurse

The Pune Cantonment Court on Saturday made Hadapsar police drop the stringent non-bailable Section 304(II) (culpable homicide) of the Indian Penal Code (IPC) and instead asked to replace it with Section 304(A) (unintentional death by negligence) in their final chargesheet of an alleged medical negligence case. A case of negligence was registered on Wednesday against five doctors and a nurse of the Sanjeevani Hospital.

Judicial magistrate (first class) Y P Pujari later granted a non-conditional bail to all four arrested accused by furnishing a personal bond of Rs 50,000 and one solvent surety of the like amount. When contacted, Dr N J Karne, president of Pune Orthopaedic Society, stated, “It happened because of misinterpretation of the medical panel report. The doctors never intended to harm the patient. We will continue to support the doctors.”

The accused doctors Uttam Tamhane, Kusum Tamhane, Sanjay Ladkat and nurse Manisha Mandalik were arrested for alleged medical negligence leading to the death of Vidya Abhijit Kadam (30), a Phursungi resident, in August last year. She was taken to the hospital on August 4 last year as she complained of severe pain in her pelvic region. She died during the course of treatment on the same day. Vidya’s husband, Abhijit, later registered a complaint with Hadapsar police station accusing the doctors of medical negligence. He had held five doctors and a nurse responsible for her death. The medical fraternity opposed the arrests and met police chief Rashmi Shukla to change the section under which they were booked.

During the hearing on Saturday, investigating officer (IO) sub-inspector Sanjay Tasgaonkar said that Section 304(II) was imposed as per the suggestion of the law officer and the opinion given by the medical panel report which stated that despite knowing the patient had an allergy to a particular drug, the doctors administered her with the painkiller, which resulted in her death.

Tasgaonkar further submitted that during the investigation, the police came to a conclusion that the death occurred due to negligence by the medical team. But, there was no intentional negligence involved.

Complainant Abhijit, who was present in the court, filed an application opposing the bail.

Two other doctors accused in the case are still absconding and the police told the court that the probe will continue and a supplementary chargesheet will be filed against them after the arrest.