Alleged Medical Negligence leading to death: 4 Apollo doctors arrested under IPC 304A

Chhattisgarh: Four senior doctors employed at a private hospital in Chhattisgarh's Bilaspur city were arrested on Friday for alleged medical negligence that led to the death of a 29-year-old man around seven years ago.

However, these doctors were released soon afterwards on personal bonds, an official of Sarkanda police station informed PTI. Police have registered an FIR against these four doctors under sections 304 (A) (causing death by negligence), 201 (causing disappearance of evidence) and 34 (common intention) of the Indian Penal Code.

The police action comes after a report by Chhattisgarh Institute of Medical Sciences (CIMS) concluded that there was negligence during the patient's treatment. A report from the Directorate of Medicolegal Institute Home (Police) department, Medicolegal Expert and Medicolegal Advisor too opined that there was negligence on the part of the doctors and the hospital management.

The matter goes back to 2016 when the patient, now deceased, was admitted to Apollo Hospital on December 25, 2016 with stomach pain. The next day i.e. on December 26, 2016, the patient died at Apollo Hospital.

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Although the memo submitted by the hospital to police claimed that the patient had died due to celphos poisoning, his cause of death was not declared in the postmortem report because the chemical report was awaited from the FSL. Consequently, the GST report dating back to 2019 concluded that there was no presence of poison, reports Indian Express.

Meanwhile, the relatives of the deceased patient lodged a complaint alleging that negligence by the hospital management and doctors and the wrong treatment resulted in his death. The father of the deceased patient demanding action against the doctors and cancellation of their licenses.

Indian Express adds that the family of the deceased also filed a writ petition in the Chhattisgarh High Court back in 2019 against the State Government, senior police officers and Apollo Hospital. Ruling in their favour, the HC bench had directed the police to conduct a preliminary inquiry.

Commenting on the matter, the counsel of the deceased patient informed the Daily, "Even after the court’s order, action was not being taken. In 2022, we filed a contempt case in the HC, but it got disposed of. We filed another petition."

Consequently, on September 14, 2023, the HC bench granted the Government two weeks to file an expert opinion report, failing which the principal secretary (home) was asked to be present for the next hearing.

"On October 7, 2023, the Sarkanda police registered an FIR against the doctors under IPC section 304A for causing death due to negligence…" added the cousin of the deceased.

Meanwhile, the official from Sarkanda police station informed that the divisional medical board of Chhattisgarh Institute of Medical Sciences (CIMS), where the autopsy was conducted, in its report pointed out prima facie negligence during the treatment.

On September 27 this year, the police received a report from the `Directorate of Medicolegal Institute Home (Police) department, Medicolegal Expert and Medicolegal Advisor’ which too pointed out negligence on the part of the doctors and hospital management.

Subsequently, the doctors were booked under sections 304 (A) (causing death by negligence), 201 (causing disappearance of evidence), and 34 (common intention) of the Indian Penal Code and they were arrested on Friday. However, later they were released on bail. The police official added that further investigation is underway.

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