Bombay HC Emphasises Need To Protect Medical Practitioners From Rising Frivolous Prosecutions Aimed At Extracting Unjust Compensation

The Court was hearing an Application under Section 482 of the Criminal Procedure Code praying to quash the FIR registered for offences punishable under Sections 304-A of the Indian Penal Code as well as consequential Criminal Proceedings pending before the Judicial Magistrate.

The bench of Justice Vibha Kankanwadi and Justice SG Chapalgaonkar observed, “…criminal prosecutions against medical practitioners are on an increased rate, they require to be protected from frivolous and unjust prosecution, particularly when that has been used for pressurizing them for extracting uncalled or unjust compensation.”

Advocate VB Patil appeared for the Appellant and APP AM Phule appeared for the Respondent.

Brief Facts-

It was alleged that the wife of the complainant was treated at Samarth Clinic. Due to her worsening health, she was referred to various hospitals, however, she lost her life. It was alleged that incorrect treatment and an overdose of medicine led to her death. A medical report from the Civil Hospital/Government Medical College indicated that Dr. Ahire, an Ayurvedic practitioner, prescribed an irrational combination of modern medicines, which he was not qualified to do. As a result, an FIR was registered against him under Section 304-A IPC.

The Court mentioned the decision in Dr. Suresh Gupta v. Government of N.C.T of Delhi and Another where according to the Court it was observed, “for fixing criminal liability on a doctor or surgeon, the standard of negligence required to be proved should be so high as can be described as "gross negligence" or recklessness". It is not merely a lack of necessary care, attention and skill. The doctor cannot be held criminally responsible for patient's death unless his negligence or incompetence showed such disregard for life and safety of his patient as to amount to a crime against the State”

The Court further mentioned the decision in Malay Kumar Ganguly v. Sukumar Mukherjee and Others where according to the Court it was observed, “Charge of professional negligence on a medical person is a serious one as it affects his professional status and reputation and as such the burden of proof would be more onerous. A doctor cannot be held negligent only because something has gone wrong. He also cannot be held liable for mischance or misadventure or for an error of judgment in making a choice when two options are available. The mistake in diagnosis is not necessarily a negligent diagnosis”.

The Court observed, “…in absence of the material indicating direct nexus between the cause of death and medical treatment advanced by the applicant, no case can be made out to prosecute him for the offence punishable under section 304-A of the IPC.”

Accordingly, the Court allowed the Criminal Application.