Nagpur: Coming to the rescue of a doctor and his driver, the Nagpur bench of Bombay high court quashed a police complaint against them over a pregnant woman’s death due to alleged negligence, ruling that it’s not possible for him to guarantee treatment results to patients.
“In cases where negligence is alleged against professionals like doctors, the court should be careful before instituting criminal proceedings. It’s not possible for any doctor to assure or guarantee that the result of treatment would invariably be positive. The only assurance a professional can give is that he’s professionally competent, has requisite skill and would undertake tasks entrusted to him with reasonable care,” a division bench comprising justices Zaka Haq and Amit Borkar said while citing Supreme Court’s verdicts.
Dr Rajratan Moon and driver Potu Atram, both from Yavatmal, had challenged a FIR against them by Pandharkawda Police Station through counsel Raheel Mirza. The duo was booked for offences under Sections 304, 314, 316 and 201 of the IPC and Sections 4 and 5 of the Medical Termination of Pregnancy (MTP) Act, 1971, for illegally performing abortion leading to patient’s death.
Quoting the top court’s verdict in Jacob Mathew’s case, the bench said continuance of proceedings against petitioners would amount to abuse of process of law. “The apex court held that the court should be circumspect before instituting criminal proceedings against a medical professional. It’s further held that the negligence comprises — (i) a legal duty to exercise due care on the part of the party complained of (ii) breach of that duty and (iii) consequential damage,” the judges said.
According to the prosecution, a man known to be driver Atram contacted him for carrying out an abortion of his partner. The couple was in a relationship and the woman got pregnant, but she realized it after four months of conceiving. The driver took him to Dr Moon, who performed abortion on her in his hospital on August 5, 2013. However, after her condition deteriorated, the doctor advised the couple to take further treatment in Yavatmal. The driver then arranged a car for carrying her to Yavatmal, but she died on the way.
Subsequently, the Dr Moon and Atram were booked for culpable homicide claiming that the former performed woman’s abortion illegally despite being aware of the fact that it may lead to her death.
“This isn’t a case where the medical professional should face trial, especially when there’s no allegation of gross negligence against him, nor is there any opinion obtained from a medical expert. The only allegation against him is that he had knowledge that abortion can cause death of his patient. In the facts and circumstances, it can’t be said that he’s guilty of criminal negligence,” the judges held, while quashing FIR against both petitioners.