Medical negligence: Two doctors sentenced to 6-month jail term | delhi | Hindustan Times
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Medical negligence: Two doctors sentenced to 6-month jail term

delhi Updated: Aug 15, 2010 09:58 IST

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A Delhi court has sentenced two doctors to six-month jail term, holding them guilty of "gross negligence" which led to the death of a 13-year-old boy after a tonsillitis surgery in 1995.

The court also imposed a fine of Rs 2.5 lakh each on ENT surgeon Omkar Parmar and anaesthetist Nripendra Nath Dutta of the Sukhda Private Hospital here under section 304A (causing death by rash and negligent act) of the IPC.

"Had the doctors taken care, the death (of Gaurav Batra) could have been prevented easily. In fact with a heavy heart, I would say that such experienced doctors failed to do something... they were grossly negligent in the conduct of operation and post-operative care," Additional Sessions Judge D K Sharma said.

The court dismissed the doctors' appeals against the judgment of a metropolitan magistrate by which they were convicted and awarded two years jail term in the case.

The magistrate had also imposed a fine of Rs 10,000 on each of them.

The ASJ, who reduced the jail term to six months, however, enhanced the fine to Rs 2.5 lakh.

Gaurav, who was suffering from tonsillitis, was admitted to the hospital by his father P K Batra on June 13, 1995 after being advised by the ENT surgeon to undergo a minor operation.

Within hours of the surgery, the victim, who was shifted out of the operation theatre, turned blue and died.

To the utter shock of Gaurav's father, the postmortem report revealed that the victim died of excessive bleeding and suffocation which was the consequence of "negligent surgery".

An FIR was lodged against the doctors under relevant provisions of the IPC.

The accused doctors, during the arguments, took the plea that the child had succumbed to the nature's savagery which was beyond the human control.

"The evidence, on record, read along with the findings of the postmortem amply indicate that degree of negligence of the accused was of very high degree," the court said upholding the lower court's verdict against the doctors.