Bombay HC Directs Legal Action Against Doctor for Gross Negligence in Conducting Postmortem
The Bombay High Court directed the initiation of legal action against a doctor for gross negligence and illegality in conducting a postmortem of a deceased.
The direction came in response to a report submitted by the District Civil Surgeon of District General Hospital in Thane regarding contradictions in the postmortem report of the deceased.
A Single Bench of Justice Prithviraj K. Chavan observed, “The Secretary, Health, Government of Maharashtra as well as Commissioner of Police Thane are directed to take cognizance of the said report as well as the order passed by this Court and initiate an appropriate legal action against Dr. Phad and the concerned for such a gross negligence and illegality in conducting a postmortem of the deceased-Mohan Bhoir.”
Advocate Nilesh Navale represented the applicant, while APP Ashish Satpute appeared for the respondent.
A committee comprising of the doctor had to give an opinion on the cause of death of the deceased by conducting a postmortem.
The postmortem report, which was to be forwarded to the Forensic Science Laboratory (FSL), was written on the failed to submit the report on the official letterhead of the doctor’s private hospital though the postmortem was conducted at the Government Hospital. Secondly, the viscera which was also to be forwarded to the FSL was sent without filling up a form.
It was noted that “the injuries mentioned in Column No. 17 of the postmortem report vis-a-vis the inquest panchanama do not match as the same have not been properly recorded. The final cause of death as per MCCD is not proper.”
Additionally, there were contradictions in the findings given in the postmortem report and the doctor also did not forward samples of the brain of the deceased.
In light of the same, the Court directed the Secretary, Health, Government of Maharashtra as well as Commissioner of Police Thane to take cognizance of the said report and to initiate an appropriate legal action against the doctor and other concerned for “such a gross negligence and illegality in conducting a postmortem.”
Accordingly, the High Court listed the matter for hearing on April 23, 2024.
Cause Title: Jaywant @ Bhau Mukund Bhoir v. State of Maharashtra
Appearance:
Applicant: Advocate Nilesh Navale
Respondent: APP Ashish Satpute