Chhattisgarh High Court Quashes Criminal Proceedings Against Doctors in Medical Negligence Case
FIR and Chargesheet Against Apollo Hospital Doctors Nullified Due to Lack of Evidence and Expert Opinion
In a landmark judgment, the Chhattisgarh High Court has quashed the FIR and chargesheet against Dr. Rajib Lochan Bhanja and other doctors from Apollo Hospital, Bilaspur, who were accused of medical negligence leading to the death of a patient, Goldy Chhabra alias Gurveen Singh Chhabra, in December 2016. The court found no evidence of gross negligence and highlighted the expert opinion from the State Medical Board, which categorically stated there was no medical negligence involved.
The case stemmed from allegations by the deceased's father, who claimed negligence on the part of the doctors resulted in his son's death. The deceased was admitted to Apollo Hospital in critical condition and subsequently passed away. The FIR was filed in October 2023, nearly seven years after the incident, raising questions about the motive and timing.
The petitioners, represented by Senior Advocate Mr. Sunil Otwani, argued that the accusations were baseless and supported their defense with opinions from multiple medical experts. A team of five specialists from the State Medical Board, including a cardiologist, examined the case and found no evidence of negligence. Despite this, the police had obtained a contrasting opinion from a medico-legal expert, which led to the FIR and subsequent chargesheet.
The High Court bench, comprising Chief Justice Shri Ramesh Sinha and Justice Bibhu Datta Guru, emphasized the principles laid out in previous Supreme Court judgments, notably Jacob Mathew v. State of Punjab, which requires clear evidence of gross negligence for criminal prosecution against medical professionals. The court reiterated that a mere difference in medical opinion does not constitute criminal negligence and that doctors should not be subjected to legal action without substantial evidence.
In its detailed judgment, the court noted the undue delay in filing the FIR and the lack of cause-and-effect analysis in the medical expert's report. The court criticized the police for disregarding the comprehensive report from the State Medical Board and acting on a single contradictory opinion.
This judgment reinforces the protective stance towards medical practitioners in cases of alleged negligence, ensuring that only clear and gross negligence can lead to criminal charges. The decision is expected to have significant implications for future cases involving medical professionals, emphasizing the need for thorough and unbiased expert evaluations.
Bottom Line:
Medical negligence - Criminal prosecution against doctors - FIR quashed due to lack of evidence and expert opinion indicating no negligence.
Statutory provision(s): Section 304A of the Indian Penal Code, 1860; Sections 174, 176, and 39 of the Criminal Procedure Code, 1973.
Dr. Rajib Lochan Bhanja v. State of Chhattisgarh, (Chhattisgarh)(DB) : Law Finder Doc Id # 2792178
