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Richa   12 June 2017

Doctor arrested as patient dies

one of my friend's father is a doctor practicing in Assam. He has been arrested by the police, coz acc to them he gave medcine for dehydration to the patient but she died. but the post portem report hasnt come till now.it has been 3 days. they are saying it will take 15days to come. he was made to sit in the police station for the whole day and now he has been sent to the judiciary. Acc to the doctor, he gave the medicine and asked her parents to get her admitted which they did not. As there is no law and order in Assam, the student union in Assam is threatening the police to send him behind bars. what should be done in this case. plz suggest.


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 13 Replies

Advocate Suneel Moudgil (Advocate)     12 June 2017

Hire an experienced lawyer, try to get bail for the doctor.

i think, thats the only solution.

Kumar Doab (FIN)     12 June 2017

Engage a very able senior counsel of unshakable repute and integrity specializing in such/civil matters to defend.

 

 

Kumar Doab (FIN)     12 June 2017

Involve IMA also ASAP

Richa   12 June 2017

how much time does the post mortem report takes to come?

N.K.Assumi (Advocate)     12 June 2017

In such sensetive issue the doctor conducting PM should not delay the report. This is a professional matters and the Student Union should not act emotinally and allow the Law to take its own course of action.Unless the full report of the conditions of the patient is given, at the time of treatment by the doctor, it is difficult to comment on the negligence or innocence  of the attending  doctor.But it should be handle cooly guided by reasons, and as suggested by Kumar Doab Association like  IMA etc; should get involve.

Ms.Usha Kapoor (CEO)     13 June 2017

Apply bail for the doctor and get him released.Also  rope in IMA as suggested byKumar Deob.

Richa   13 June 2017

the lawyer is saying it takes 15 days to get a bail. is that so?? does it take so much of time?? Also the IMA is least interested to intervene.

N.K.Assumi (Advocate)     13 June 2017

I dont understand, why in such a case a doctor should even apply for bail, and even if he apply like A/B, the court shuld not hesititiate to grant him bail. 

The jurisprudence concept of ngligence differs in civil and criminal law. What may be negligence in civil law may not necessarily be so in criminal law. For negligence to amount to criminal offence, mens rea must exist and degree of negligence should be gross or vey high degree. Negligence which is neither gross or of high degeree may be a ground for civil action, but certainly it can not be the basis for prosecution in criminal law.

There is no need to go for blame game with vindicative mind, as the surrounding circumstance is based on "Res ipsa loquitur".

 

Richa   13 June 2017

Respected Assumi sir, he is behind bars so to come out he is trying to get bail, but the lawyer says bail will take 15 days. what to do in this case. kindly suggest.

N.K.Assumi (Advocate)     13 June 2017

I am sorry to hear that he is now behind bars, and it is very unfounate. If he is put behind bars for his asfety from the frenzy moabs etc; that is a different matterrs, but if it is not for that, the court should be gracious enough to grant him bail.Our criminal juisprudence is shifting to bail as right and jail as an excepion, which I am sure your lawyer will know better.As per the report of Indian National Police Commission 60% of the arrested persons in India were found to be unnecessarily put behind bars by the police. Since the matter now lies with the court, let the law take its own course of action in the best interest of justice. Best wishes.

Richa   13 June 2017

Sir, kindly advice as to how much time does it generally take to get bail, as their lawyer is saying it will take 15days to apply for the same.

Richa   13 June 2017

Section 304 has been applied. what will happen in this case? is it difficult to get bail?

Kumar Doab (FIN)     14 June 2017

The query is replied in Experts section also.

If you are not satisfied with current lawyer consul seek 2nd opinion a very able senior local counsel. 


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