Loss Of Conciousness Natural Consequence of Anaesthesia: Supreme Court Relief to Anesthetist under 304A

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New Delhi: Holding that loss of consciousness is a natural consequence of anaesthesia, the Supreme Court recently set aside the orders of the high court and the lower courts that called for criminal proceedings initiated against an Anaesthetist accused of medical negligence under IPC 304A
While giving the relief, the court further noted that in absence of any prima facie material against the appellant, who is a doctor, it shall not be appropriate to subject him to the travails of criminal prosecution on vague allegations.
The case concerned a female patient who had come to an anaesthetists clinic for delivery. However, during the delivery complications arose leading to death. As per the count of the complainant, the patient's husband, the patient consciousness upon the appellant administering her injection at the hospital. She regained consciousness and had to be shifted to the hospital at Ajmer where a pacemaker was installed but the child did not survive after delivery.
While giving the relief, the court further noted that in absence of any prima facie material against the appellant, who is a doctor, it shall not be appropriate to subject him to the travails of criminal prosecution on vague allegations.
The case concerned a female patient who had come to an anaesthetists clinic for delivery. However, during the delivery complications arose leading to death. As per the count of the complainant, the patient's husband, the patient consciousness upon the appellant administering her injection at the hospital. She regained consciousness and had to be shifted to the hospital at Ajmer where a pacemaker was installed but the child did not survive after delivery.
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