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This is an archive article published on October 15, 2012

Conviction for medical negligence of Padma Bhushan awardee doctor upheld

Desai was accused of being responsible of the death of Leela Singhi,wife of retired IAS officer P C Singhi.

The Bombay High Court today upheld the conviction of oncologist and Padma Bhushan recipient Dr P B Desai in a medical negligence case dating back to 1989,

observing that his conduct as a doctor showed “violent indifference,recklessness and ego”.

Desai was accused of being responsible,through negligence,of the death of Leela Singhi,wife of retired IAS officer P C Singhi. Leela,who was being treated for cancer by Dr Desai,died on February 25,1989.

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A magistrate’s court found Dr Desai guilty under section 338 of IPC (act endangering lifepersonal safety),a finding which sessions court upheld,following which he moved the HC.

High Court today also asked him to deposit Rs 50,000 towards compensation.

According to Singhi,his wife was made to undergo a surgery at Desai’s instructions,though a US-based doctor had advised against it.

The actual surgery was performed by Desai’s junior,Dr Mukherjee on December 22,1987. Dr Desai did not remain present during the operation.

Post-surgery,Leela developed some complications,and died in 1989.

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According to Singhi,Desai could not attend the operation because he had scheduled another surgery.

Justice K U Chandiwal said in today’s order that “a surgeon of such renowned calibre like Dr Desai should have desisted from fixing two operations on a single day where question of vitality and life of the patient is paramount”.

“The criminality lies in running the risk of decision of operation…perpetuated by recklessness and indifference to the consequences. The violent indifference and ego demonstrated by Desai has put the life of the patient in a miserable situation,” the High Court said.

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