Panvel court sentences doctor to three years’ rigorous imprisonment for negligent treatment

The court noted that the accused held a Bachelor of Homeopathic Medicine and Surgery (BHMS) degree and had no authority to administer injections or allopathic medicine, but had done so.

The family filed a complaint with Vashi police station, claiming that Patil had developed an infection after he was administered an injection by Dakhave. (File Photo)

A 52-year-old medical practitioner was sentenced to three years of rigorous imprisonment and fined Rs 1.10 lakh by a Panvel court, which found him guilty of negligence that caused the death of a 25-year-old patient in 2016.
The court noted that the accused held a Bachelor of Homeopathic Medicine and Surgery (BHMS) degree and had no authority to administer injections or allopathic medicine, but had done so.

“In the case in hand, it is proved beyond reasonable doubt that the accused was not authorized to practice allopathy, despite he had given allopathic medicines including Voveran injection to the deceased, although it cannot be said that the act was done by the accused with the knowledge that it is likely to cause death, but it can be certainly said that the act of the accused exhibited a gross lack of competence and inaction and wanton indifference to the safety of the deceased,” Additional Sessions Judge Dinesh E Kothalikar said in the order passed on December 1.

Mohammed Arif Dakhave was found guilty under Section 304A (causing death due to negligence) of the Indian Penal Code and Section 33 of the Maharashtra Medical Practitioner Act, 1961.

The prosecution said that Ravindra Patil was suffering from shivering and fever on November 10, 2016, and was taken to Dakhave for treatment. As his condition did not improve, his family took him to three other hospitals over the next few days. He passed away on November 29, 2016, while undergoing treatment.

The family then filed a complaint with Vashi police station, alleging that Patil developed an infection after he was administered an injection by Dakhave. An opinion was subsequently sought from medical experts as per procedure. The civil surgeon of Alibaug submitted that the practitioner should have completed the course of Community Medical Service & Essential Drugs and that the injection administered to the deceased should have been sterilised before use.

During the investigation, Dakhave told the investigating officer that he had sterilised the injection properly as required and was unable to state why complications had arisen.

The investigating officer submitted that the accused did not possess the required certification but had nonetheless administered the injection. During the trial, the other doctors who had treated Patil after Dakhave were also examined. The accused claimed that there was no evidence to show who had administered the injection to Patil and that it could not be said he was responsible for the death.

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The court, however, observed that the evidence showed the accused had administered the injection without proper care and authority, following which the patient’s health deteriorated and he died.

The court further directed that, along with the punishment, the fine amount recovered from the accused should be paid to the victim’s mother, and also instructed the District Legal Services Authority, Raigad, to take steps towards granting separate compensation.

The sentence was suspended to allow the accused to file an appeal.

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