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Supreme Court Grants Protection From Arrest To Doctor Couple Booked Under Section 304 For Medical Negligence.
The Apex Court on Monday allowed relief to doctor Deepa and doctor Sanjeev Pawaskar, who have been reserved under Section 304 i.e. culpable homicide not amounting to murder of the IPC for a situation of medicinal negligence.
The couple moved the Supreme Court once Bombay High Court rejected their anticipatory bail application and Justice S.S Jadhav mentioned sharp objective facts against their professional conduct and held this was an instance of prescription without diagnosis.
A bench of Justice A Sapre and Justice UU Lalit granted the couple assurance from arrest and directed them to co-operate in the investigation procedure.
Senior Advocates R Basant, Amit Karkhanis and Kapil Joshi showed up for the petitioners in the Supreme Court.
The couple was reserved under S.304 after a patient Dnyananda died after a few days of giving birth following a cesarean operation. Her husband Pranav filed a FIR against the doctor couple who ran the hospital.
The District Civil Surgeon’s report demonstrated that Dr Deepa Pawaskar had bombed in taking due care of her patient and neglected certain manifestations appeared by the deceased.
After experiencing all the current material, Justice Jadhav had noticed: "Doctors’ inability to practice the level of degree of care and skill that a physician or surgeon of the medical specialty would use under comparative conditions would amount to malpractice. An error in diagnosis could be negligence and covered under section 304A of the Indian penal Code. But this is a case of prescription without diagnosis and therefore, culpable negligence. The component of criminality is presented not only by a guilty mind but by the practitioner having run a risk of doing something with recklessness and indifference to the consequences. it ought to be included that this negligence or rashness is gross in nature."
It was likewise pointed out in the High Court order that once that deceased was unwell 24 hours after her cesarean operation, she ought to have been alluded to another doctor. Not doing likewise simply demonstrates the commercial interest the applicants had in re-admitting the deceased to their hospital.
As the high court had granted a stay on the operation of its judgment till August 2, the doctor couple filed a Special Leave petition before the Supreme Court and got relief.
