Patient dies after C Section: Court summons Doctor charged under IPC 304A

Ahmedabad: While considering a case of medical negligence, where the patient died after c-section delivery, a metropolitan court has recently summoned the treating doctor to answer the charges leveled against him under Section 304A of IPC (causing death by negligence).

The concerned doctor of Deep Maternity & Nursing Home, Narida had been accused of negligence as he remained absent at the maternity home and the patient's condition allegedly worsened and she ultimately died.

Even though the Police opined that there was no cognizable offense made out against the doctor, the additional chief metropolitan magistrate, D J Parmar observed that the presence of the doctor at the maternity home could have avoided such a situation altogether.

Opining that the doctor had shown negligence in his duty, the Court also observed that the hospital staff were not responsible since they merely acted on the instructions of the doctor.

The doctor has been asked to remain present in court on May 12 to respond to the charges concerning the death of the patient back in 2014.

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As per the latest media report by the Times of India, on October 5, 2014, the patient had been admitted to Deep Maternity & Nursing Home and she underwent a C-section for the delivery of her baby. After the birth of the baby boy, the condition of the patient worsened. 

Since the treating doctor was not available, the staff of the hospital treated the patient after obtaining instructions from the doctor via phone. Despite repeated calls from the relatives of the patient, the doctor could not reach the hospital and when finally he reached the facility, the patient had become unresponsive and she did not have a pulse.

After being shifted to an ICU in a nearby hospital, the patient had been declared dead and the husband of the patient approached the court for relief.

Referring to the matter, the counsel for the petitioner demanded action against the doctor under Section 304 of the IPC, for culpable homicide not amounting to murder.

Following this, the court directed the police to investigate the matter and accordingly, the Sardarnagar police inspector sent his opinion to the court. After perusing the Post Mortem report, the medical record and the FSL report, the inspection had opined that no cognizable offence was made out against the doctors.

However, the court has opined that the situation could have been avoided if only the doctor would have been present at the maternity home. Accordingly, holding the doctor negligent in his duties, the court has summoned him to answer the charges against him.

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