Pune: The recent arrest of three doctors and one nurse from Sanjivani Hospital at Gadital, Hadapsar has indeed sent ripples down the medical fraternity.
The arrest came yesterday, on account of an alleged medical negligence case leading to the death of a female patient last year at the said hospital. The patient had been undergoing treatment for strong pelvic pain and unfortunately died during the course of the treatment at the hospital. TOI reports that the police initially registered a case under accidental death and referred the case to the state’s government medical negligence committee at Sassoon hospital. Based on the post mortem report, the committee held the doctors negligent, based on which the police arrested the doctors.
“Following the committee’s report, we registered a case of medical negligence under IPC section 304 (2) on January 4. We have arrested three doctors and a nurse in the case. We will soon arrest another doctor and a nurse found guilty in the inquiry. We are going to verify the doctors’ medical qualification and their registration numbers with the state’s medical council. Besides, we will take the CCTV footage of the hospital in our custody,” a senior police inspector informed TOI.
Doctors call it wrongful arrest.
Medical practitioners as well as legal experts, have shown strong objections to the arrest pointing out that the police had wrongfully arrested the doctors under the wrong section. Strong allegations have been raised by the medical fraternity who have questioned why the police booked the doctors under a non-bailable section when they should have been booked under a bailable section.
The police are reported to have arrested the doctors under Section 304(II) (punishment for culpable homicide not amounting to murder) of the Indian Penal Code (IPC). However, the medical fraternity claims a wrong section has been booked and that the patient was administered a routine painkiller, but she did not respond to it. Experts have pointed out that the relevant section should have been 304 A -Causing death by negligence and deals with death not amounting to homicide.
“The section under which the doctors have been booked is totally wrong. Earlier, through a court case, it has been ascertained that it is not the doctor’s intention to offer wrong treatment. Never before, this section was applied for any such case that I have heard of,” Dr Dilip Sarda, who is now one of the elected members in the Maharashtra Medical Council told Pune Mirror.
“While Section 304A is bailable, Section 304(II) is not. No doctor intends to cause harm to his/her patient and this arrest has triggered panic among doctors. We will subsequently have meetings with the police to raise awareness about these things since such cases are now increasing,” said Dr Nitin Bhagali chairman of the Pune chapter of the Hospital Board of India.
IMA state chapter is reported to have been following up the issue and met the Police Commissioner demanding the change the section from 304 II to 304A reports Indian Express
Top intelligentsia is being harassed by criminalized political people. Burocraits are pressurized by the rulers to support criminals of their gang\’s.
Under such mental pressure Medical professionals are treating the sick people. Can any body expect best out come.
Even if any machine is being operated with over load, it\’s not going to give optimal out come.
Dr OP BHANDARI
General Secretary
Global Scientist Forum
It is shame on the part of Indian system which is standing up side down.
Where foot is governing the head.
General Secretary
Global Scientist Forum
Every mishaps or misfortune in the hospital /clinic of a Doctor is not act of negligence and felt sigh of relief with supreme Court decree in Jacob case….. And clearly mentioned not to arrest cocrned and charges lpc 304A. …police officer doing mischief should be taken to task….and experts report season must be under separate state cometee review
SC NO FIR AGAINST A ADVOCATE OR DOCTOR – SC
In an important decision Hon\’ble Supreme Court of India said, that if the advise of a lawyer goes wrong in some way, even than no case under section 420 IPC or something like that can be registered against him/her. Though Supreme Court also said that Lawyer should take care of the interests of his/her clients.
CBI has asked for advise of a Lawyer on title deed in a matter of loan.The lawyer have given a clean chit to that deed at that time, but after that the scandal of millions took place on the same deed. CBI registered a criminal case against the lawyer under section 420 and others that was dismissed by High Court. CBI went to Supreme Court in appeal against the order, which the Hon\’ble Supreme Court also dismissed.
Justice P. Sthasivam and Justice Ranjan Gogoi bench said while giving decision that a case cannot be registered against a lawyer just because his advice was not right. The wrong advice of the lawyer can be considered negligence or professional misconduct, that too only when there is strong evidence. But in no condition the lawyer can be accused for section 420 or 109 IPC, unless there are strong evidence that establish relation of advocate with criminals involved in the case.
Court also said that in professions like lawyers and doctors, the professionals cannot guarantee for the success of the case. Courts said that the advocate cannot provide guarantee to his/her client that he would definitely win the case and nor doctor can tell his patient that is operations are always successful. And though this professions doctor and lawyer can only say that they are experienced in their work and they would do their best efforts so that they are successful. And thus Supreme Court dismissed the appeal of CBI.
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ARVIND VASHISTHA
ADVOCATE
It will discourage all of us I have stopped giving any injection at my clinic how so ever severe pain patient may be you can trust your 20 yr follow up patient our media is behaveing like hafta collector for heck of TRP rating they can ruin a doctor if this trend continue I don\’t think we will have good doctors in future