"The doctor shall face prosecution for an offence punishable under section 304 A IPC (causing death by negligence) instead of 304 part II (culpable homicide not amounting to murder)", ruled Justice K U Chandiwal.
"The applicant had no intention to cause death of the patient. He was extending medical assistance to her as the patient and her parents were of his acquaintance and regularly treated by him. It could be that the applicant ignored taking steps at appropriate time. His gross rashness and negligence has primarily caused death of victim Miss Vidhi," the Judge observed while admitting a petition filed by the doctor.
Dr Sharad Shah, a medical practitioner, had filed a petition seeking discharge from the case in which he was charged with section 304 part II of IPC (culpable homicide not amounting to murder).
The victim was a patient of Dr Shah. She had been to his clinic with her mother on September 19, 2006. He treated her by giving her an injection. She again visited the doctor on the next day along with mother. Her blood test was taken. A day later, the patient had complained of vomiting.
She was brought to Dr Shah's clinic on the same day with complaints of abdominal pain. The doctor started I.V.DNS through her forearms and added injection Avil. Her physical condition started deteriorating. Consequently, I.V. Fluid was detached. She was referred to Cumbala Hill Hospital for further treatment and on September 21, 2006, she succumbed. (More)
