Foetal death due to 'prolonged labour': Allahabad HC permits criminal trial against gynaecologist

While refusing to quash criminal proceedings against a gynaecologist accused of medical negligence, the Allahabad High Court recently expressed concern over the practice of private hospitals using 'patients like ATMs to extort money' out of them.

"It is common practice these days that private nursing homes/hospitals tend to entice the patients for treatment even though they do not have the doctors or infrastructure. When the patient is admitted in a private hospital they start calling for the doctor to treat the patient. It is common knowledge that the private hospitals/nursing homes have started treating the patients as guinea pig/ATM machines only to extort money out of them," the HC bench comprising Justice Prashant Kumar noted.

These observations were made by the HC bench while considering a case involving alleged medical negligence during the treatment of a pregnant woman. The accused doctor, who is the owner of a nursing home, had allegedly admitted a pregnant woman for surgery even in the absence of an anaesthetist. By the time the anaesthetist arrived, the foetus was found dead.

It was alleged that the patient was admitted to the hospital at 10:30 A.M. on 28.07.2007 for delivery. Even though the consent for the surgery was given on the morning of 29th July, the patient was taken into the operating theatre in the evening. After the surgery, the patient's husband was informed that the foetus had died. When the family objected, they were allegedly beaten up by the employees of the doctor and his associates. After filing an FIR, a post-mortem was conducted, a statement of the applicant was taken, and the CMO constituted a Medical Board to look into the issue.

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Foetal death due to 'prolonged labour': Allahabad HC allows criminal trial against gynaecologist