Death of 2-year-old from wrong jab: Court rejects anticipatory bail plea of Shivaji Nagar hospital owner

On January 13, the complaint filed by Taha’s father in Shivaji Nagar police station, said that two nurses were shirking responsibility of who would give an injection to Taha. Eventually, one of them gave him an injection meant for another patient. Soon, Taha’s health condition deteriorated and he passed away. The court said that the two-year-old lost his life due to ‘misapplication of drugs by an untrained nurse’.

In the pre-arrest bail plea filed by owner of the hospital, Sayyed Nasimuddin Ziaullah, it was submitted that he is a doctor by profession and was not present at the time of the incident. It was also claimed that the complaint was false and far from the truth.

The prosecution opposed the plea stating that the hospital was given a certificate of registration by the civic body under the Nursing Home Registration Act which was valid up to March 31, 2020. Ziaullah had not renewed the certificate. It was also submitted that the nurses did not have any training and yet they were employed by Ziaullah.

Additional sessions judge G B Gurao said that prima facie appears that Ziaullah did not renew the registration of the hospital.

“It reveals from the prosecution that the applicant had employed a minor girl as a nurse and that she was not trained as a nurse. It also appears that inspite of correspondence the administration of the hospital did not give information to the investigating officer about the doctor and nurses in the hospital,” the court said.

The court said that employing an untrained nurse shows that he had not taken proper care and was therefore ‘viciously liable’ for the act.

Shivaji Nagar police has filed an offence under section 304 (2) (culpable homicide not amounting to murder), 304 (A) (causing death by negligence) along with other charges.