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AIIMS doctor to stand as Accused before Court for refusing to treat patient


AIIMS doctor to stand as Accused before Court for refusing to treat patient

New Delhi: A Delhi court has upheld an order summoning as accused an AIIMS doctor for allegedly refusing to treat a patient and misbehaving with his family, saying that direction cannot be interfered with.

Special judge Rajesh Kumar Singh dismissed the revision petition of the junior resident doctor of the premier All India Institute of Medical Sciences (AIIMS) against the magisterial courts 2016 order summoning him and others as accused.

In his plea against the summoning order, the doctor contended that he was not named in a charge sheet by the police and there was no evidence against him.

The special judge, however, rejected his contention and said, “At the stage of inquiry, the metropolitan magistrate (MM) has the power to summon the accused who have not been charge-sheeted.”

“MM can rely upon material placed before him with the charge sheet. At the stage of summoning, MM is not required write a detailed order. The summoning order cannot be interfered with…”

The court further observed that standard of appreciation of the material at the stage of summoning is not to be as high as at the stage of framing of charge which in turn is not as high as at the stage of finally deciding the matter.

“The view taken by the MM in the impugned order is a possible view. The grounds taken by the petitioner in the additional affidavit cannot be considered at this stage as they are arguments, which are still to be submitted before the trial court and it has yet to take a decision on those grounds which may be addressed at the time of arguments on charge,” the judge said.

According to the complaint, on July 13, 2014 at about 9 am, Satpal Singh, along with his two sons, went to the AIIMS emergency department for the treatment of his father.

He alleged that the duty doctor refused to provide treatment to his father after which a heated exchange of words took place, adding that the doctor called two more doctors and security guards and an altercation took place.

However, in a subsequent complaint two weeks later, Singh named the three doctors who slapped and punched him.

An FIR was registered but the police named only the security guards in the charge sheet and not the doctors, it said.

The magisterial court, however, in its July 18, 2016 order, summoned not just the security guards but the three doctors as accused too.



Source: PTI
18 comment(s) on AIIMS doctor to stand as Accused before Court for refusing to treat patient

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  1. This is a bad development. Indians seem to have courage only to harass the do gooders of society and lump it when it comes to an insensitive and arrogant adminstrator- politician combine.

  2. N how can they add names of accused after so many years. Law can do anything to doctors..

  3. all aspirant doctors take a lesson n choose another profession before its too late and for them who have already become doctors, you people can only pray yo god as nothing can be done in your cade now… People in india can never value the struggle and efforts which we put in to become doctors as they take us for granted and think we are their servants if we are working in a government hospital… Applauds Applauds to our very own system who is responsible fir this scenario today…

  4. Why this matter even went to the court? A mob should have beaten him up then and there..Mob justice is easier. Or the health minister of this country should have labelled him as naxalite and put bullets into his body. Kill all doctors of India and shut all hospitals of this country because they are all \”lutera\”. And if there is any illness its better to get treated by the quacks practicing in streets. A noble person who saves someone\’s life and treats someone\’s pain deserves to be punsihed and humiliated by the society. Kill them all.

  5. user
    Dinesh Kumar Dhanwal December 29, 2017, 12:31 pm

    Why a patient misbehave with a doctor? There has to be a reason. If patient is treated on time and treated well then no body will say anything. Relatives will be thankful. But on all occasions of these incidents something wrong has gone on part of treating team! So let us have our house in order! I am with all my colleagues and I condemn any act of abuse or violence against health care providers!

  6. Common Mr. Nasser, Doctor in this institutes like AIIMS, JIPMER any many other government hospital and teaching institutes work at a stretch 24 to 48 hours of emergency, Overloaded Workload: one man with multiple work at a point of time, sleep deprive doctor without break, they have to do academic research, administrative work.many times more than war: Mass casualty, multiple Patient posted for operation with one or 2 Operation theater with less than minimal doctor, where the patient will go. System can not improve in days, it takes time. Blaming doctor or blindly to government also is not going to help. Do not blame doctor, if you blame, means you do not know how they are working, Here is the judiciary who did not have any knowledge., nor did called expert in the field of emergency medicine, Anaesthesiologist, physician, surgeon etc.

  7. Common Mr. Nasser, Doctor in this institutes like AIIMS, JIPMER any many other government hospital and teaching institutes work at a stretch 24 to 48 hours of emergency, Overloaded Workload: one man with multiple work at a point of time, sleep deprive doctor without break, they have to do academic research, administrative work.many times more than war: Mass casualty, multiple Patient posted for operation with one or 2 Operation theater with less than minimal doctor, where the patient will go. System can not improve in days, it takes time. Blaming doctor or blindly to government also is not going to help. Do not blame doctor, if you blame, means you do not know how they are working, Here is the judiciary who did not have any knowledge., nor did called expert in the field of emergency medicine, Anaesthesiologist, physician, surgeon etc.

  8. We r not working in ideal conditions but r expected to deliver ideal results.

  9. First of all…why a doctor on duty in emergency room refuse to treat a patient? Those who have performed duty in emergency room are aware of the fact that when a patient is not an emergency then it is advised them to come to OPD next day. But for such cases proper recording has to be done as what was advised otherwise …wisdom of the court will treat it as refusal of treatment.

  10. user
    Dr.Nasser., MDS.,Ph.D December 29, 2017, 10:00 am

    As a human being it is our unbound duty to treat , irrespective of time and other work and it is a fault if the Doctor refuses to treat a patient even in odd hours ! it is a grave mistake ! People approaches the Doctors next to GOD and the only profession who can help in any emergencies Is \” DOCTOR\”

  11. Common Mr. Nasser, Doctor in this institutes like AIIMS, JIPMER any many other government hospital and teaching institutes work at a stretch 24 to 48 hours of emergency, Overloaded Workload: one man with multiple work at a point of time, sleep deprive doctor without break, they have to do academic research, administrative work.many times more than war: Mass casualty, multiple Patient posted for operation with one or 2 Operation theater with less than minimal doctor, where the patient will go. System can not improve in days, it takes time. Blaming doctor or blindly to government also is not going to help. Do not blame doctor, if you blame, means you do not know how they are working, Here is the judiciary who did not have any knowledge., nor did called expert in the field of emergency medicine, Anaesthesiologist, physician, surgeon etc.

  12. You may be God but We r not.

  13. user
    Dr. Aditya singh December 29, 2017, 4:03 pm

    Sir please have the adventure of working in any Indian government hospital . Irrespective of knowledge and degrees a doctor is always assumed to have lower skills and knowledge then others taking good fee , and people does not find a better place to demand there rights other then hospital and try to treat them as their personal servant.

  14. What you are saying is ludicrous.The duty which you talking is between 2 individuals to behave well. No doctor denies treatment, and not all specialities are available at a given time . You need to know what happened before commenting.

  15. user
    Abdul Samad Burhan December 29, 2017, 7:12 pm

    Junior doctors will be enthusiastic to treat patients and learn, they are not going to refuse a patient unless valid reasons, technical or procedural.
    Sometimes back an orthopedic resident was brutally assaulted because he referred the patient to neurosurgeon for head injury.
    Patients quarrel with doctors if there is no investigation facility, which is to be arranged for by the government.
    Sometimes they come with a predetermined list of treatments and investigation to be done at any cost – if you don\’t oblige them they go after your jugular