Doctor faces HC wrath for gross negligence in postmortem procedure, faces legal action

Mumbai: A Medical Officer in Maharashtra recently faced the wrath of the Bombay High Court, which has directed the Secretary of Health, Government of Maharashtra, and the Commissioner of Police Thane to initiate appropriate legal action against the doctor for gross negligence and illegality in conducting a postmortem of a deceased in a murder case.

The HC bench comprising Justice Prithviraj K Chavan noted that the Medical Officer, who conducted the postmortem back in 2020 did not fill up the Form properly and there were multiple irregularities in the postmortem report.

Accordingly, the bench ordered,

"The Secretary, Health, Government of Maharashtra as well as Commissioner of Police Thane are directed to take cognizance of the said report as well as the order passed by this Court and initiate an appropriate legal action against Dr. *** and the concerned for such a gross negligence and illegality in conducting a postmortem of the deceased ***."

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These observations were made by the bench while considering a bail application filed by one accused in the alleged murder case. As per the latest media report by Live Law, the accused filed the bail application on the ground that the post-mortem report did not specify the cause of death of the victim. The Medical officer mentioned in the post-mortem report that the cause of death would be given after receiving the chemical analysis report.

While considering the matter, the HC bench directed the Civil Surgeon of Civil Hospital Thane on August 8, 2023, to set up a committee to give an opinion regarding the exact cause of death of the deceased.

In view of an order, the District Civil Surgeon, District General Hospital, Thane, submitted a report to the Senior Police Inspector, Murbad Police Station, dated 28th November 2023.

The Court noted that the meeting of the committee was held on 14th September, 2023, and the panel comprised the Medical Officer, who had conducted the postmortem and the Investigating Officer of the case. The Committee examined all the relevant documents and papers including spot panchanama and inquest.

It was observed by the court that the concerned doctor conducted the postmortem on 12th July, 2020, at Rural Hospital, Murbad. Viscera was preserved for forwarding the same to the Forensic Science Laboratory, Thane.

"It appears that Dr. *** had given his opinion on the letterhead of his private hospital though the postmortem was conducted at the Government Hospital. There is no report submitted by Dr. *** from the official record which is kept at the Government Hospital," noted the Court.

Perusing the report prepared by the committee, the bench took cognisance of several discrepancies and noted, "From this report, it reveals that there was bleeding from the ears of the deceased. Rigor mortis (column No. 11) reveals that it was slightly present. Column No. 12 indicates decomposition slightly present, small maggots seen all over body which is self contradictory. Dr. *** did not fill up the Form properly through which the viscera was forwarded to the Forensic Science Laboratory. He did not forward samples of brain of the deceased. There are contradiction in the findings given in the postmortem report."

Further, the bench noted that the injuries mentioned in Column No. 17 of the postmortem report vis-a-vis the inquest panchanama do not match as the same have not been properly recorded. The Court observed that the final cause of death as per MCCD was also not proper.

"Forensic Science Laboratory viscera report indicates that the postmortem was done on 16th July, 2020 which is an incorrect date as postmortem was conducted on 12th July, 2020," noted the Court.

Noting these discrepancies and contradictions in the postmortem report, the court ordered the Maharashtra Health Secretary and Thane Police Commissioner to initiate appropriate legal action against the concerned doctor and the concerned for such gross negligence and illegality in conducting a postmortem of the deceased.

The Court also asked for a preliminary report from the State Health Secretary within four weeks and also issued directions to the Investigating Officer to remain present in the court on the next date. The matter has been listed for further hearing on 23rd April, 2024.

To read the order, click on the link below:

https://medicaldialogues.in/pdf_upload/bombay-hc-postmortem-report-235110.pdf

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