Medical Professionals Should Not Be Dragged Into Criminal Proceedings Unless Negligence Of A High Order Is Shown: SUPREME COURT (Agnihotri and anr. V. State of Haryana and anr.) - Synopsis
Nilanjana Ganguly 18 Feb 2020

Case – Anjana Agnihotri and anr. V. State of Haryana and anr.

Santosh Rani(deceased) was admitted to Agnihotri hospital(hereinafter referred to as “opponent”) for a caesarian operation on 15th November,1998 at 5am and gave birth to a male child. Operation took place at around 8am and the doctors felt that external blood should be given to the patient. Husband and brother of the patient, Nand Lal and Bhajan Lal respectively offered to donate blood and the proposal was accepted by the doctors around 2.30pm and the process was executed and the patient expired at about 2am the next day. The patient’s brother in law filed an FIR complaint to the police saying that this was a case of negligence by the doctors of the hospital and the patient was not taken care off by the doctors between the time of the blood transfusion and time of death.

In the above case, the prosecution failed to get any evidence against any particular doctor. Also, the post mortem report went in favour of the opponent because the post mortem report of Santosh Rani(deceased) does not show anywhere that the death was a reaction to the blood transfusion. Though, in the case it is seen that the doctors did not follow the decision by the Chief Medical Officer, that was blood can only be taken from a licensed blood bank and not any individual.

In reference to the case of Jacob Mathews v. state of Punjab, the judgement was given that in case of negligence from a medical professional, it has to be proved with evidences that the person has failed to do something that he was supposed to do or did something that he was not supposed to do. Medical professionals deal with patients and take decisions for the betterment of the patient.

 

 

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