Himachal High Court reveres the verdict and discharge a doctor held guilty by the trial court
Himachal Pradesh High court dismissed a district & trial court verdict which had hold a doctor and nursing staff guilty for gross negligence of a patient died during the treatment in the hospital.
In a 30 paged order passed by single bench comprising of Justice Tarlok Singh Chauhan on Tuesday that district and trial court rendered the the order against the doctors and nursing staff out of sympathy.
Making observation on the matter court mentioned that when a patient dies or suffers some mishap, there is a tendency to blame the doctors for this. Court further stated that it is well known that even the best professionals, what to say of the average professional, sometimes have failures. A lawyer could not win every case in his professional.
The court considered state statement made by a gynecologist, Zonal Hospital Dr. B.D. Dhiman that patient was checked by the concerned doctors before the delivery and medical opinion was that the delivery was 10 days over than the due date and it was made clear to the family members of patient that it could be a complicated case ad she was suffering from hypertension.
Aggrieved by the judgment and decree passed by the learned trial Court, the defendants files an appeal before the learned District Judge, Hamirpur, who vide his judgment and dismissed the appeal with costs and upheld the judgment and decree passed by the trial Court.
The appeal submitted that being substantial questions of law learned courts below have failed to appreciate the law of negligence vis-a-vs the vicarious liabilities of the State in law of Torts.
High court also found that judgement and decree passed by the civil judge on April 7, 2012 also upheld by learned District Judge Hamirpur on June 8 2015 which stand vitiated by mis-appreciating facts and the law on record.
Court quoting SC Judgement given in Kusum case that It is a matter of common knowledge that after happening of some unfortunate event, there is a marked tendency to look for a human factor to blame for an untoward event, a tendency which is closely linked with the desire to punish.
Court said that Indian Penal Code has taken care to ensure that people who act in good faith should not be punished. Sec. 88, 92 & 370 of the IPC give adequate protection to the professional and particularly medical professionals.
The HC said that lower court have failed to appreciate the pleadings and the evidence on record in its right perspective and have rather misread and misconstrued the same.
The further courts below have failed to appreciate the law on the subject of negligence and also the vital aspect of vicarious liability in such like matters,HC added in the order passed on Tuesday.
The complaint filed case against the Zonal Hospital Hamirpur doctors and staff nursed that patient died due to gross violation of the hospital staff.
The Patient and deceased Neelam was admitted in the ZH Hamirpur on March 14, 2003 who died next day on March 15, 2003 after she gave birth to a child due to some complications.
The plaintiff subsequently filed Rs 5 lakh suit blaming doctors and staff nurse for alleged that death happened on an account of alleged gross negligence on the part of the doctors and staff nurses including proforma respondent (herein) of the Zonal Hospital, Hamirpur.
Before proceeding the high court appellants contested the suit by filing written statement wherein it is specifically contended that there was no negligence on the part of gynecologist or the other doctors and staff nurses and the patient died natural death because of shock due to vaginal bleeding.
The learned trial Court after framing issues and recording evidence decreed the suit of the plaintiff by awarding damages to the tune of Rs. 2,60,000/-alongwith interest of six per cent per annum from the date of filing of the suit till the realization of the amount.
