Excelsior Correspondent
JAMMU, Mar 6: High Court has quashed FIRs against two doctors, which were registered under Section 304-A RPC by Rajouri Police nearly five years back.
The allegations against the petitioners namely Dr Vijay Gupta and Dr Mohammd Bashir Khan were that before giving anesthesia deceased was not evaluated properly and this led to death of the patient.
While quashing FIR along with all proceedings/ investigation, Justice Tashi Rabstan observed, “it is not a case of the respondents that the petitioners are not the doctors qualified to undertake surgery for the ailment suffered by the deceased or that they adopted a procedure hitherto unknown to medical profession or deviated from the conventional method of treatment endangering the life of patient”.
“Mere lack of care or error of judgment on the part of the petitioners would not render them liable for punishment for medical negligence. It is apt to mention that a committee of five medical experts has concluded that the petitioners have provided adequate standard treatment and managed the treatment as per recommended protocols and no lapse on the part of any staff member could be found”, Justice Rabstan observed.
“The report of enquiry committee does not admit of any ambiguity. The report does not hold the petitioners even remotely liable for the complication that arose out of the procedure adopted by the petitioners while treating the deceased”, High Court said.
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