BHMS doctor sentenced to 3 years jail, fined Rs 1.10 lakh for administering allopathic injection

Mumbai: Holding a homoeopathic doctor guilty of medical negligence that led to a patient’s death in 2016, a Panvel court has sentenced him to three years of rigorous imprisonment and imposed a fine of Rs 1.10 lakh. The doctor, who held a Bachelor of Homoeopathic Medicine and Surgery (BHMS) degree, allegedly administered an allopathic injection, which he was not authorised to give.

The 52-year-old doctor was convicted under Section 304A (causing death due to negligence) of the Indian Penal Code and Section 33 of the Maharashtra Medical Practitioner Act, 1961. The court observed that although the doctor may not have known the medicines could cause death, his actions showed a serious lack of competence and proper judgment.

While passing the verdict, Additional Sessions Judge Dinesh E Kothalikar stated, "In the case in hand, it is proved beyond reasonable doubt that the accused was not authorized to practice allopathy, despite he had given allopathic medicines including Voveran injection to the deceased, although it cannot be said that the act was done by the accused with the knowledge that it is likely to cause death, but it can be certainly said that the act of the accused exhibited a gross lack of competence and inaction and wanton indifference to the safety of the deceased."

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According to the Indian Express report, the incident dates back to November 10, 2016, when the patient was suffering from shivering and fever, and was taken to the accused doctor for treatment. According to the family members of the deceased, the doctor administered an injection that developed into an infection. As his condition did not improve, his family took him to three other hospitals over the next few days. However, he passed away on November 29, 2016, while undergoing treatment.

After this, they filed a complaint with the Vashi police station, accusing the doctor of causing death by negligence.

Meanwhile, an opinion was subsequently sought from medical experts as per procedure. The civil surgeon of Alibaug submitted that the practitioner should have completed the course of Community Medical Service & Essential Drugs, and that the injection administered to the deceased should have been sterilised before use.

During the investigation, the accused doctor told the investigating officer that he had sterilised the injection properly as required and was unable to state why complications had arisen. After a thorough investigation, the investigating officer submitted that the accused did not possess the required certification but had nonetheless administered the injection.

Following this, the matter went up for a trial. During the trial, the other doctors who had treated the patient after the accused doctor were also examined. The accused claimed that there was no evidence to show who had administered the injection to the patient and that it could not be said he was responsible for the death.

The court, however, observed that the evidence showed the accused had administered the injection without proper care and authority, following which the patient’s health deteriorated, and he died. The court further directed that, along with the punishment, the fine amount recovered from the accused should be paid to the victim’s mother, and also instructed the District Legal Services Authority, Raigad, to take steps towards granting separate compensation.

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