Doctors can not assure positive treatment results: Bombay HC quashes IPC 304 FIR against doctor
Nagpur: Holding that it is not possible for any doctor to assure or guarantee that the result of treatment would invariably be positive, the Nagpur bench of Bombay High Court has recently dismissed a police complaint against a doctor, who was booked under the Medical Termination of Pregnancy Act (MTPA) 1971 and IPC 304 among other sections.
A division bench comprising justices Zaka Haq and Amit Borkar added that the only assurance a professional can give is that he's professionally competent, has requisite skill, and would undertake tasks entrusted to him with reasonable care.
This came after a case of medical negligence was registered against the doctor and a driver following the death of a pregnant woman. Pandharkawda Police Station registered the case against the medical practitioner, where by it was alleged that the doctor performed an illegal abortion on 4 months pregnant woman that resulted in her death.
An FIR was filed against him and he along with a driver have been booked under sections 304, 314, 316, and 201 of the Indian Penal Code (IPC) and sections 4 and 5 of the Medical Termination of Pregnancy Act (MTPA) 1971 for illegally performing an abortion of a patient which resulted into her death.
As per a recent media report by Times of India, the doctor along with the driver, who was the woman's partner approached the High Court seeking to quash the FIR. The counsel for the prosecution submitted that a driver contacted the doctor to abort the child of his partner. The driver was in a relationship with the woman after which she got pregnant. However, she came to know about pregnancy only after 4 months of conceiving.
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" In cases where medical negligence is alleged against medical professionals like doctors, the court should be careful before instituting criminal proceedings. It's not possible for any doctor to assure or guarantee that the result of treatment would invariably be positive. The only assurance the professional can give is that he is professionally competent, has the requisite skill, and can undertake tasks entrusted to him with reasonable care."
TOI reports that the court finally quashed the FIR against both the petitioners noting, " In facts and circumstances, it can't be said that he's guilty of criminal negligence."
It held,
"This isn't a case where the medical professional should face trial, especially when there's no allegation of gross negligence against him, nor is there any opinion obtained from a medical expert. The only allegation against him is that he had knowledge that abortion can cause death of his patient. In the facts and circumstances, it can't be said that he's guilty of criminal negligence."
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