HC Refuses to quash criminal proceedings against Surgeon Accused of Medical Negligence During Stent Removal

Ahmedabad: Denying relied to a surgeon, who was accused of medical negligence during a stent removal procedure, the Gujarat High Court on Thursday refused to quash the FIR and criminal case registered against the concerned doctor.

The surgeon was accused of conducting medical negligence during the procedure and the patient allegedly died due to profuse bleeding after a day of removal of the stent from her kidney.

Approaching the High Court bench, the doctor who was booked in the matter back in 2015 demanded to quash the FIR. However, while considering the matter, the bench opined that the doctor needed to face the trial, where he can defend himself by cross-examining the witnesses.

The matter goes back to October 08, 2014, when the patient underwent the stent removal procedure. At first, the patient was admitted in a private hospital in Vashtrapur back in August 2014 with the complaints of high grade fever.

Consequently, sonography was performed and the reports revealed that the patient had multiple stones in her kidney ureter and bladder. She was carrying a highly calcified stent in her left renal system extending from the kidney to the urinary bladder.

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As per the latest media report by the Times of India, the patient underwent the surgery for stone removal twice back in September and October 2014 and the procedure to remove the stent, which had been implanted 15 years ago, was performed on October 8, 2014. The Daily adds that the accused surgeon was present during the procedure.

The son of the patient, who died after the procedure, lodged an FIR with Vashtrapur police in 2015 and consequently, the accused doctor was booked for causing death by medical negligence and for abetment, since a team of five doctors were present during the procedure.

The doctor approached the HC bench demanding to quash the FIR and contended that because of the deteriorating condition of the patient, the complication of Blood Pressure, the surgery was not possible to stitch a vein from which blood was oozing.

However, the HC bench comprising Justice Sandeep Bhatt rejected the plea by the doctor while citing the postmortem report, which highlighted the presence of blood in the stomach and an injury on the left kidney.

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