Criminal medical negligence
Dr.B.Ravi Kumar
(Querist) 11 June 2015
This query is : Open
The merit of the case is the death of a 24 year old lactating lady with an one year old child. The gynecologist(second accused) administered inj.Ampicillin for renal colic. This was not warranted. The final diagnosis of the gynecologist is pelvic inflammatory disease. But the gynecologist has not done a per vaginal examination which is the sheet anchor of the diagnosis of pelvic inflammatory disease. The test dose was not properly done and the total dose was administered. The patient started having breathlessness, HALLMARK of allergic reaction for which inj.Diazepam was given by duty doctor (first accused)who is 60 years old. The patient stopped breathing and the anesthetist came and intubated her. Then the anesthetist(third accused) ABANDONED the patient.
The patient was then referred to another hospital for ventilatory support. At that time a reference letter was given to the husband of the patient. The reference letter(evidence act 106) is silent about both injections Ampicillin and Diazepam. Subsequent conduct(evidence act 8) in the sense in consumer forum Kollam, State consumer forum Trivandrum, Sessions Court Kollam and High Court of Kerala they are silent about Inj.Diazepam.
The stay for the criminal case will expire on 30/6/15. They got the stay stating that they want to appeal before the Supreme Court.
The charge is under I.P.C. 304 Part(II) based on I.P.C. 299(3). This is because of the following explanation. Explanation 2.—Where death is caused by bodily injury, the person who causes such bodily injury shall be deemed to have caused the death, although by resorting to proper remedies and skillful treatment the death might have been prevented. But I feel it will come under I.P.C. 300(4) since the INTENTION was to hide the incompetence with FIRST degree KNOWLEDGE that DEATH is IMMINENT (with a high degree of probability which is only a mathematical proposition) if the antidote injection Adrenaline is not given. In this case POSSIBILITY(not probability of DEATH) is 100% if the antidote is not given because of CONCEALMENT of drug history.
