THOUGH DOCTORS’ AURA OF GODLINESS AND HOLINESS IS A MYTH, THEY ARE VOLUNTEERS WHO TAKE THE RISK OF DEALING WITH THE MOST INTRICATE, DELICATE, AND COMPLEX MACHINE ON EARTH – THE HUMAN BODY : KERALA HIGH COURT
The High Court of Kerala passed a judgment on 2 February 2023 stating the importance of doctors as well the amount of trust people keep on them as they deal with the most intricate machine on earth- the human body. It was stated in the case of Dr.Vinu Balakrishnan vs State Of Kerala (Crl. Appeal Nos. 1/2014, 22/2014, 23/2014, 25/2014 and Crl.Appeal (V) No.589/2015) which was passed by the single judge bench comprising of Dr. Justice Kauser Edappagath
FACTS OF THE CASE:
Smt.Mini Philip, a young lady aged 37 years, walked to the operation theatre at Deen Hospital, Punalur, on 25/9/2006 at 3.30 p.m. to undergo sterilization by laparoscopy, a procedure that provides permanent birth control, with the hope that she could safely return home after few hours. But destiny had something else in store for her. After the surgery, she developed respiratory complications and was put under oxygen support. Though she was shifted to Poyanil Hospital, Punalur, at 9.00 p.m. and then to Ananthapuri Hospital, Thiruvananthapuram, at 11.30 p.m. for expert management, her life could not be saved. She breathed her last on the next day
On 26/9/2006, the Vanchiyoor Police registered a crime under section 174 of Cr.PC based on statement given by the uncle of the deceased alleging medical negligence on the part of the doctors who conducted surgery and administered anaesthesia as well as the nurses who assisted them. Later Punalur Police reregistered the case as Crime No.590/2006 and conducted the investigation. the investigating officer, requested the District Medical officer, Thiruvananthapuram, to constitute an Expert Panel and to give their views on the allegation of medical negligence. Accordingly, a five-member Expert Panel was constituted, and the committee forwarded report. The matter was again referred to the Apex Body. Based on the reports, it incorporated the offences under sections 304 and 201 r/w 34 of IPC.
JUDGEMENT OF THE CASE
The findings of the court was that the nurse administrating anaesthesia was someone who had undergone training for it and was hence experienced. The Hospital tried to best to make the deceased stay alive and even shifted her to another hospital for giving her sufficient treatment and care. Considering the above findings, the conviction and sentence passed by the court below vide the impugned judgment are set aside. The accused are found not guilty of the offenses charged against them, and accordingly, they are acquitted.
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JUDGEMENT REVIEWED BY ROSHNI SABU, KERALA LAW ACADEMY LAW COLLEGE.