Early Times Report
Jammu, Nov 26 : Sub-judge (special mobile magistrate), Kathua, Sunil Sangra has dismissed a criminal complaint of medical negligence filed by a patient against Gupta Hospital and Research Centre, Kali Bari, Kathua. The complaint was filed by one Parkash Singh, son of Saran Singh of Kamla, Kathua, alleging medical negligence by Dr A K Gupta while removing a stone from his kidney. After hearing the two sides, the judge observed that the position which 'crystalises after due filtration of facts and circumstances of the case as well as medical opinion of Dr Sunil Gupta, Head of Department of Surgery, GMC, Jammu, it is established that the complainant suffered complicacy after his operation due to non-adhering to the doctor's advice for blood transfusion'.
After going through the expert medical opinion, the court found that there was no direct or indirect evidence to create a nexus between the operation for removal of stone from kidney and the treatment administered by Dr Gupta.
Referring to two Supreme Court judgments, the judge observed that medical negligence was a complicated subject and the liability of a doctor always 'depends upon the circumstances of a particular case and the Apex Court has issued the guidelines that whenever a complaint is received by a forum or a criminal court, it should first refer the matter to a competent doctor or a committee of doctors specialized in the field relating to which the medical negligence is attributed and only after that doctor or committee reports that there is a prima facie case of medical negligence, a notice should be issued to the concerned doctor or hospital. This is necessary to avoid harassment to doctors who may not ultimately found to be negligent. The Apex Court has further warned the police officials not to arrest or harass doctors unless the facts clearly come within the parameters laid down in the Jacob Mathew's case, otherwise the policemen will themselves have to face legal action'.
The court, vide its order on September 10, 2016 had exercised its powers under section 202 of CrPC and initiated preliminary enquiry, directing the Kathua SSP and SHO to obtain medical opinion from the GMC's HoD surgery with regard to the allegations of medical negligence levelled by the complainant.
Dr Gupta had alleged that the criminal complaint was filed by the complainant just to blackmail him and extract money from him. He also alleged in his petition that a local scribe had approached him for striking a deal to settle the matter out of court to which he had not agreed. At the time of consideration of his petition by the high court, Dr Gupta had submitted that the patient, who was in league with the local scribe, had demanded Rs 20 lakh from him for not pressing the complaint before the Kathua court. The high court on October 25 disposed of the petition with a direction to the special mobile magistrate, Kathua, to pass appropriate orders in the matter in the light of the preliminary enquiry report submitted by SSP, Kathua, to the court on October 22, 2016, wherein the expert medical opinion had been annexed ruling out the case of medical negligence.Having considered the preliminary enquiry report based on medical opinion, the court was of the considered opinion that the complaint was without merit. "Therefore, it can be safely said and held that nothing substantial has been brought on record which would support the allegations of the complainant," the court said. With these observations, the judge dismissed the complaint filed by Parkash Singh.(JNF) |
