Doctor arrested after death of alcoholic patient, IMA cry foul

Ludhiana: The recent arrest of a doctor under IPC 304A for the alleged death of an alcoholic patient due to negligence has created yet another divide between the medical fraternity and the police authorities.

Indian Medical Association has strongly criticized the arrest of the doctor when a patient who was undergoing treatment for alcohol de-addiction at the Manas Hospital near Saggu Chowk died, family members accused the doctor of charges of causing death due to negligence. The association pointed out that the doctor was arrested under IPC 304A without the opinion of a medical board, a must for the police authorities to book doctors under the ambit of the law. 

The 37-year-old patient, an accountant, was admitted to the private hospital on April 9, reports the Hindustan Times. The brother-in-law of the patient said that the latter was feeling healthy and did not have any critical health issues. The brother-in-law said, "He wanted to give up his drinking habit and so we admitted him to the hospital." He said that his brother-in-law was feeling fine until around 3 pm on April 13. 

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The complainant said, "Around 6 pm, we came to know that my brother-in-law was shifted to the special ward where he died suddenly. When we went there, we saw that his body had turned blue and doctors could not give us any explanation for the sudden death," adding, "We suspect that he died after being administered the wrong medication."

The kin of the deceased also organized a protest against the Manas hospital on Thursday morning because of the death. 

Detailing the incident, a relative of the deceased told the Tribune India, "When Sahil's condition started deteriorating, his mother was present in the room but she was asked to leave the room and go downstairs. His mother was, however, told by the hospital staff that Sahil was fine. Around 6 pm on Wednesday, when Sahil's wife (my sister) reached the hospital, she was not allowed to visit the room where he was undergoing treatment. She later managed to reach the room and found that Sahil's body had turned blue. He was not breathing."

The relative added, "Manas Hospital staff then asked us to take the patient to Hero Heart DMC Hospital where he was declared brought dead."

According to the PAU station house officer, inspector Gurpreet Singh, an FIR was registered under Section 304A (causing death due to negligence) of the Indian Penal Code against the doctor who was in charge of the patient and other staff in the hospital. 

However, the Indian Medical Association (IMA)'s Ludhiana unit objected against the arrest, stating that the police do not have the right to file an FIR or arrest a doctor without the recommendations of a medical board, as per the orders of the Supreme Court. 

When the police officials were asked for the reason behind them not taking the advice of the medical board before registering the arrest, the official responded that the police registered the FIR after they received a complaint from the family member.

Dr. Bimal Kanish, president of IMA Ludhiana said that the police had rounded up the doctor on Wednesday evening, as per the HT report. Dr. Kanish added, "When asked, the police made an excuse that he has been taken in custody so that the aggrieved family would not harm him. They said that they would release him, but later the police arrested him in the case. We will take up the matter with the commissioner on Friday."

Calling the incident unfortunate, he said, "It is very unfortunate. It seems no lessons have been learned from the Jaipur incident where a gynecologist ended her life after a case of murder was filed against her for the alleged death of a pregnant woman who she was treating."

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