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CID charge-sheets doctors for death by negligence

Poornima Nataraj Bangalore, July 7, DHNS

The Criminal Investigation Department (CID) has filed a charge-sheet against Santosh Hospital, two of its doctors and four staffers, in connection with a medical negligence case involving Kapali Patne, a pregnant woman who died after falling from the operation table on April 16, 2010.

Kapali PatneThe CID, which is investigating the case, has named six accused — Santosh Hospital, Dr Indira Rao (gynaecologist), Dr P Ashok (anaesthetist), Lali Vijju, Victoria (nurses), Mathew and Krupamma (attenders).

They have been booked under Section 304 A (causing death by negligence); Section 315 (act done with an intent to prevent child being born alive, or to cause it to die after birth); Section 201 (causing disappearance of evidence of offence).

The charge-sheet says Dr Indira Rao and Dr P Ashok had not taken enough care while shifting the patient and inside the operation theatre (OT) where she was dropped from the table that was three-four feet above ground level. This had caused the fracture of Patne’s sacroiliac joint (pelvic bone), it said.

The charge-sheet also points out that Dr Rao made no attempts to save the child, which resulted in the death of both mother and child. The accused doctors had also tampered with the case sheet of the patient. Even after she had died, they shifted her to the ICU and conducted an ultrasound on her.

They also tried to a cover up the act by not informing the patient’s relatives about her death.

Speaking to Deccan Herald, K A Nanaiah, CID investigating officer handling the case, and Deputy Superintendent of Police said the charge-sheet was filed based on the post-mortem and ultrasound reports.

“The post-mortem reports pointed out that the patient had a fracture that was caused due to a fall; moreover, the medical expert committee report of Bangalore Medical College and Research Institute too said the hospital had conducted an ultrasound on the patient after her death,” he added.

The CID has sent Patne’s ultrasound reports for further investigation to the Central Forensic Science Laboratory in Hyderabad.

The Indian Medical Council  Act Regulation 8.5 says: “During the pendency of the complaint, the appropriate Council may restrain the physician from performing the procedure or practice which is under scrutiny.”

But Karnataka Medical Council (KMC) president Dr Chikkananjappa refused to suspend the doctors.  “The doctors are not criminally prosecuted or being arrested. The CID charge-sheet is not valid under the KMC, as it has its own norms. The doctors cannot be suspended with a mere charge sheet,” he said.

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