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This is an archive article published on May 10, 2011

HC quashes criminal complaint against 4 docs

In a reprieve to four doctors,the Punjab and Haryana High Court has quashed a criminal complaint seeking action against them for alleged gross negligence resulting in the death of a woman.

In a reprieve to four doctors,the Punjab and Haryana High Court has quashed a criminal complaint seeking action against them for alleged gross negligence resulting in the death of a woman.

The doctors are H S Pannu,Puneet K Verma,H P Singh — attached with Escorts Heart and Super-Speciality Institute — and Bhola Singh Sidhu of Parvati Hospital. Both hospitals are located in Amritsar.

The complaint was filed by the husband of the deceased in a lower court of Amritsar,seeking action against the four doctors under Section 304-A of the Indian Penal Code (IPC). Finding no merit in the allegations,Justice Permod Kohli quashed the complaint and also the summoning orders issued by the lower court.

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“It has been held that professional negligence needs a high degree of negligence,which must fall within the purview of gross negligence to fasten the criminal liability upon a doctor,who is otherwise qualified,skilled and has performed duties as a prudent professional and treated the patient carefully,” Justice Permod Kohli observed.

No specific allegations have been attributed to each one of them or even collectively,he added.

“Unless there are specific allegations of their common culpability,Section 304-A of the Indian Penal Code against them cannot be attracted,” reads the order.

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