HC quashes FIR against Surgeon in negligence case - watsupptoday.com
HC quashes FIR against Surgeon in negligence case
Posted 05 Jan 2018 03:43 PM

Justice M.K Hanjura of State High Court on Thursday quashed the FIR No. 60/2017 under Section 304-A registered by Police Station Bakshi Nagar against B-Grade Surgeon Dr. Shyam Kumar Gupta for negligence after the committee of the experts ruled out lack of necessary care, attention or skill in treating a patient namely Jai Kumar.
According to case, the aforesaid patient visited Government Hospital, Sarwal, complaining about pain on the right side of the abdomen. After his examination and the tests conducted, he was found to be having stones in the Gallbladder and was accordingly advised to undergo surgery for the removal of the Gallbladder. On January 10, 2013, after all the preliminary tests and other requirements and after getting written consent from the patient and his attendants for undergoing surgery and anesthesia, the patient was operated. Later, he died on February 15, 2013 at his residence.
Justice M.K Hanjura after hearing Advocate D.S Chouhan appearing for the petitioner observed that pursuant to the complaint before the Director of Health Department, the aforesaid Director constituted an enquiry Committee comprising three Heads of the Departments of Surgery including Medical Superintendent, State Veneriologist and Consultant Surgeon who examined the case of the deceased in compliance with the mandate of the guidelines laid down by the Supreme Court and subsequently opined that the patient was managed as per the standard protocol mentioned in the literature.
“No negligence on the part of the treating Doctors, who was involved in the management of the case, was found by them. The other enquiry revealed that the patient was discharged from Gandhi Nagar hospital on February 11, 2013 when he was haemodynamically stable, tolerating orally, afebrile, passing flauts and stools, showing that his bowels were functioning normally. There are no records available after February 11, 2013 and also no post-mortem autopsy has been done, so it is difficult to ascertain the reason for cause of death of Jai Kumar who died at home on February 14, 2013, some 34 days after he was operated in Govt. Hospital, Sarwal.
The surgery having been conducted and the deceased having been referred to Government Medical College, Jammu, and thereafter he having been operated again at Gandhi Nagar, hospital, whereafter he was discharged from there in a condition which has been termed to be stable how can the case of the petitioner be brought within the range of medical negligence”, the court observed and quashed aforesaid FIR.

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