Medical Negligence

Under certain circumstances it can be.

well the law on medical negligence has been under a ot of discussion these days.

Palnitkar g is right under certain circumstances it can be covered under the said sec, but all depends upon the facts of the case, it will have to be seen whether the essential ingredients of the said section are made out or not.

pls c the attached file as well

u can also refer to a latest judgment on medical negligence by SC

m yet to read it, but probably u may find something out of it.

it is

Nizam Institute of Medical Sciences v/s Prashanth S. Dhananka

Civil Appeal No. 4119 of 1999 decided on 14.05.2009

have it from SC website.

in case the doctor was on duty and deliberately she did not attend the patient despite the fact the patient was in need of her attention, the case squarely falls under the mischief of medical negligence.

Rajivji,

Allegation is the son of the deceased had informed the nurse of the saturation level of the oxygen coming down around 4 o clock. The nurse telephonically informed the concerned RMO who advised the nurse on phone to increase the oxygen supply as well as give an injection for fever.  In accordance with the decision of Jacob Mathew the matter was referred to a 3 member committee of a Government hospital who had opined that there was no medical negligence. The nurse is a co accused who had moved the high court for quashing the charge sheet. The High Court was pleased to dispose of the appeal  without quashing the charge sheet with the direction that the accused can move the Magistrate for discharge.

It may be noted that 304A is a summons case and therefore question of discharge before Magistrate would not arise.  Since process is already issued, there is no scope for recall of process in view of the Adalat Prasad case.

In this circumstance, does it mean the accused has no option but to face trial?

Yes in summons triable cases there is no provision for discharge of the Accused .... I think that the Accused have no option here but to face the trial.

I think you can file revision in the court of sessions against the order of issuance of process itself provided that the proceeding before the HC was not a revision.  Even otherwise, since the HC has directed you to approach Magistrate for discharge, file an application for discharge. Let the Magistrate reject it on the basis of Adalat Prasad. That will give you a cause of action to approach Sessions Court in revision.

A reading ofNizam Institute of Medical Sciences   ...Appellant  Versus Prasanth S. Dhananka & Ors. .........Respondents indicates "Since, however, OP1 is the institution in which OP2 to OP5 are employed, we hold that OP1 is singularly responsible for payment of compensation."       

yes,planitkar sir suggest good that file revision before session .