Doctors Need to be Protected from Frivolous Prosecution for Unjust Compensation: Bombay HC
Aurangabad: While quashing a medical negligence case against a Ayurveda doctor, the Bombay High Court bench recently expressed concern regarding the increasing numbers of bogus complaints filed against doctors to extract 'unjust' compensation.
Referring to the Supreme Court's observations in the case of Jacob Mathew, the HC bench comprising Justices S.G. Chapalgaonkar and Vibha Kankanwadi observed,
"We are not oblivious of the fact that the criminal prosecutions against medical practitioners are on an increased rate, they require to be protected from frivolous and unjust prosecution, particularly when that has been used for pressurizing them for extracting uncalled or unjust compensation. The Supreme Court of India in case of Jacob Mathew (supra) has emphasized on need to guard such proceedings."
These observations were made by the Court while quashing the criminal prosecution against a doctor who, despite being an Ayurvedic practitioner, was accused of prescribing an 'irrational combination' of modern medicines (allopathic medicines).
The doctor was booked based on a complaint filed by a man who alleged that his wife was treated by the applicant practitioner, who runs Samarth Clinic at village Vivare. The patient was under his medical supervision during the period from 13.05.2021 to 16.05.2021.
However, the patient's condition deteriorated and she was referred to Gajanan Hospital of Dr. Choudhari. Based on his advice, the patient was admitted to a Jalgaon-based hospital. However, since there was no improvement in the patient's condition, she was further referred to another hospital at Jalgaon. Lastly, she was brought back Gajanan Hospital at Savada. However, the patient lost her life on 31.05.2021.
Allegedly, the patient lost his life because of the wrong treatment and overdose of medicine during the preliminary treatment provided by the applicant doctor.
Based on the complaint, the patient's papers related to the medical treatment were collected from respective hospitals and opinion was solicitated from Civil Hospital/Government Medical College, Jalgaon through the communication 13.06.2021. The Committee constituted at Medical College submitted its report dated 15.09.2022 to Police Station, which stated that the applicant had prescribed irrational combination of medicines. The report further stated that applicant being qualified in stream of Ayurvedic medicine, he was not competent to prescribe modern medicines.
It was alleged that the applicant had treated the patient negligently by prescribing modern medicines with irrational combination. Accordingly, the doctor was booked for offence punishable under Section 304-A of the Indian Penal Code and consequently, a charge sheet was also filed.
It was argued by the petitioner's counsel that he was registered medical practitioner and was entitled to prescribe modern scientific medicines to the extent of training that was received by him in that stream. He submitted that the Medical Education and Drugs Department had clarified that the medical practitioner enrolled and holding qualification specified in Part A, B and A-1 of the Scheduled Appended to the Act is eligible to practice modern system of medicine with Allopathy medicines to the extent of training received. Although applicant holds a degree in Ayurvedic Medical Science, he is qualified to practice in foreign scientific medicines in pursuance of his training and registration.
He further submitted that the applicant had treated the patient during the period from 13.05.2021 to 16.05.2021 and provided best possible medical assistance during Covid period. Thereafter, the patient suffered brain hemorrhage for which she was treated at three different hospitals before her death on 01.06.2021.
Referring to the treatment papers, the counsel argued that the patient's death was attributable to brain hemorrhage and unsuccessful surgery, which has nothing to do with medicines prescribed and treatment advanced by applicant. He further submitted that the applicant had been falsely implicated in case of medical negligence in absence of evidence to establish rash and negligent act on the applicant's part.
On the other hand, the Government counsel submitted that being a medical practitioner in the Ayurvedic stream of medical science, the doctor was not competent to prescribe modern medicines and practice Allopathy. He also argued that the Expert Committee's report clearly stipulated that the applicant had prescribed medicines of irrational combination that was responsible for deteriorating health of the patient.
However, while considering the matter, the HC bench observed that soon after the patient's health deteriorated from May 16, 2022, onwards, she was subsequently treated by Dr. Choudhari at Gajanan Hospital, Dr. Rajesh Dabi's Hospital, and Dr. Swapnil Patil at Om Critical Hospital and ultimately, she expired on June 1, 2021.
"The treatment papers clearly demonstrate that it was a case of Brain Hemorrhage. There is nothing on record to depict that brain Hemorrhage was attributable to alleged prescription of medicines of irrational combination by the applicant," the HC bench observed, while disposing off the criminal application.
To view the order, click on the link below:
https://medicaldialogues.in/pdf_upload/bombay-hc-order-253906.pdf
