Failed operation, docs asked to pay

JANUARY 7: The Bombay High Court ordered a Panvel-based doctor couple to pay Rs 25,000 as compensation to the husband of a pregnant woman who died in their nursing home in 1987.

The doctors, Arun and Kiran Sarang, were charged with attempt to commit murder by the Raigad-Alibaug Sessions Court. They appealed against this order. During the pendency of appeal Dr Arun died. Now, the high court has exonerated the doctors of the charge of attempt to commit murder, as earlier ruled by the lower court, which had sentenced the doctors to five-years rigorous imprisonment and a fine of Rs 50,000. The high court has set aside the sentence and asked Kiran Sarang to pay Rs 25,000 to late Lilavati8217;s husband, considering the fact that the patient died on the operation table.Lilavati was admitted in the Rahul Nursing Home on September 13, 1987. She was declared dead moments after she was taken in for a tubectomy operation.

Her husband registered a complaint in the Panvel police station, following which the doctor couple was arrested. The matter came up before the Raigad Sessions Court and the judge charged the doctors with 8220;common intention to commit culpable homicide8221;. The couple appealed against the ruling. The doctors8217; counsel Raja Bhonsale, argued that medical evidence does not hold them guilty of homicide. According to Justice F I Rebello of Bombay high court, the couple is not guilty of professional negligence. The judge also observed that HC is empowered to alter the charge and send the matter back to the trial court for fresh evidence on the point of negligence. HC also ruled that the lower court8217;s charge of attempt to commit murder was not sustainable.