Four years after International skating gold medalist Komal Khatri died following a surgery, a Delhi court has ordered framing of charges against two doctors and director of a private hospital for causing his death due to "gross criminal negligence".
"According to post mortem report, cause of death is asphyxia consequent to choking of the wind-pipe by blood and blood clots aspirated as a result of bleeding from the raw area.... The observations of medical board also leaves no iota of doubt regarding gross criminal negligence," Additional Sessions Judge A K Mendiratta said.
Khatri (12), skating gold medalist at the International Championship 2004 held at Waterleest, Belgium, died on September 30, 2004 after an operation of 'adenoid hyperplasia' -- an over-enlargement of the lymph glands located above the back of the mouth -- at Balaji hospital at North-West Delhi.
"The case in hand exposes the flaws and dangers one may be exposed in an ordinary surgical procedure despite advancement, which places us too distant from an ideal medical system. Treatment can be purchased but not the chances of success," the court observed.
It ordered framing of charges under Section 304 A (causing death by negligent act) of the IPC against surgeon Dr Anil Handa, expert anesthetist Dr Vivek Mangla and Dr Ravinder Gupta, director of Balaji hospital, Pitampura for vicarious liability.
A medical board formed by the Delhi Government in its report on October 14, 2004, concluded that there was contradictory findings on the treatment papers by the doctor while no CT scan or angiography was performed on the patient.