Bombay High Court Flags Rise In Frivolous Cases Against Doctors For 'Unjust' Compensation
Narsi Benwal
21 Sep 2024 3:27 PM GMT
The Aurangabad bench of the Bombay High Court while quashing a medical negligence case against a doctor, highlighted the increased rate of bogus prosecutions initiated against medical practitioners to extract 'unjust and uncalled for' compensation.
A division bench of Justices Vibha Kankanwadi and Santosh Chapalgaonkar noted that the applicant in the case was accused of prescribing an 'irrational combination' of modern medicines (allopathic medicines) despite him being an Ayurvedic practitioner.
"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 pressurising them for extracting uncalled or unjust compensation. The Supreme Court of India in case of Jacob Mathew (supra) has emphasised on need to guard such proceedings," the judges said in the order pronounced on September 10.
As per the prosecution case, the applicant Dr Prashant Ahire, had given preliminary treatment to one Gayatri Patil from May 13, 2021, to May 16, 2021 and thereafter her health deteriorated and she ultimately died on May 30, 2021, due to brain haemorrhage. It was alleged that due to the wrong treatment and an overdose of medicine during the preliminary treatment by the applicant, Gayatri lost her life.
Subsequently, a committee of doctors in Jalna district was constituted, which submitted its report to the investigating team on September 15, 2022, stating that the applicant prescribed an 'irrational combination' of modern medicines despite him being an Ayurvedic practitioner.
Based on this report, the prosecution proceeded against the applicant Dr Ahire and booked him under charges of section 304-A (culpable homicide not amounting to murder).
However, the judges noted the fact that soon after the deceased Gayatri's health deteriorated from May 16, 2022, onwards, she was subsequently, treated by Dr Sunil Choudhari at Gajanan Hospital, Dr Rajesh Dabi's Hospital and Dr Swapnil Patil at Om Critical Hospital and ultimately, she last breathed on June 1, 2021.
"The treatment papers clearly demonstrate that it was a case of brain haemorrhage. There is nothing on record to depict that brain haemorrhage was attributable to alleged prescription of medicines of irrational combination by the applicant. In absence of proximity between cause of death and negligent act which is sine qua non for prosecution against medical practitioner, criminal prosecution under Section 304-A of the IPC cannot be sustained," the judges held.
With these observations, the judges quashed the First Information Report (FIR) lodged against Dr Ahire.
Appearance:
Advocate VB Patil appeared for the Accused Applicant.
Advocate JV Patil appeared for the Complainant.
Additional Public Prosecutor AM Phule represented the State.
Case Title: Dr Prashant Ahire vs State of Maharashtra (Criminal Application 1737 of 2023)
