More than a case of gross medical negligence, it is a case of cheating,HC refuses to quash criminal complaint against the cardiologist and the  hospital

After considering the legal and factual position of case that dates back to 2013, Punjab and Haryana High  Court refused to quash criminal complaint against one senior cardiologist and the accused super speciality hospital. HC observed that there was sufficient material to hold that petitioner should face the prosecution. "No fault can be found with the impugned summoning order", mentions the HC order.

It was observed by the HC that the hospital record, as placed on record by the complainant prima facie demonstrate the sufficient material to proceed with the complaint against the petitioners, even in the absence of any opinion of the medical expert, as it has already been observed by this Court that more than a case of gross medical negligence, it is a case of cheating having been committed by the petitioners in conspiracy with each other.

According to the original complaint filed befor the CJM in the year 2013 by wife of the deceased,the  patient  went to the   Hospital, where the cardiologist, after certain diagnosis, prescribed surgery for implantation of pacemaker in the heart of the patient.The accused Doctor was well informed about the entire medical history of the patient. Doctor, specifically suggested a bivent pacemaker manufactured by St. Jude Medical India Pvt. Ltd., the cost ofwhich was around `4,50,000/-. Accused told that patient would have to takea four day package including the day of admission and that the entire surgery will cost of `5.5 Lacs, including the cost of pacemaker. The patient was accordingly admitted in the hospital. Subsequent to the admission, few tests and diagnosis,including angiography were performed on the patient under the instructions of accused doctor on the following day.
 It is alleged that accused did not perform the surgery till 4th day of the admission. In fact, due to a casual attitude and non-cooperation amongst the concerned staff, the required pacemaker was not even arranged till then.

In the morning of 20.09.2013, complainant was instructed by the hospital authorities to deposit `3 lakh as part payment. Accused  doctor informed the patient that on that day, his surgery will be conducted. Amount was accordingly deposited on 20.09.2013. Patient was taken for the surgery. It is alleged that surgery was conducted on 20.09.2013without having the actual, requisite and prescribed pacemaker available with accused doctor. At about 4:30 PM,family was informed  that surgery could not be completed, as they did not have the 3rd lead of the pacemaker. When the complainant and her relatives asked the Doctor as to why he had initiated the surgery without having the proper kit of the pacemaker, he did not give any reply and left the patient in that condition without even disclosing that at that stage, he did not have the actual pace maker to conduct the surgery. Complainant alleged further that in fact on 20.09.2013, accused  implanted a wrong and cheap “Double Chamber Pacemaker” against his own instructions, though the patient had already paid for the superior pacemaker. It was done by accused doctor in connivance with the other co-accused with a view to make extra money. It is alleged that as per the bill, “Double Chamber Pacemaker”, costing `45,000/- was used on 20.09.2013. The hospital management along with Doctor with an even design wanted to extract the money for expensive pacemaker, by installing the cheapest quality pacemaker, which in fact was not suitable for the patient. With a view to hide his deceitful act, accused  made an excuse to the relatives of the patient that he did not have the 3rd wire and that he would complete the surgery on the next day. However, accused No.2 the doctor.  was left with noother choice but to arrange actual pacemaker because after the wrong, casual and negligent surgery conducted on 20.09.2013, the condition of the patient was deteriorating every minute.On 22.09.2013 to avoid trouble and on that day, he conducted another surgery in the garb of inserting 3rd wire and this time, he implanted the actual pacemaker.Complainant alleged further that patient could not take the burden of two back to back surgeries conducted on him and just 2 days after his discharge, on 27.09.2013, his pain became severe and unbearable. He was again brought back to the hospital, but could not survive and died in the hospital at 03:00 PM.

After perusing preliminary evidence,  CJM, SAS Nagar, Mohali  had observed that there was a clear cut case of medical negligence made out against accused as there were sufficient grounds to believe that accused No.1 - Super Speciality Hospital through its Chief Executive Officer; and Accused No.2 - treating doctor were guilty of medical negligence, conspiracy and cheating and thus, had committed offences under Section 304A, 120B and 420 IPC. Both of them were
accordingly directed to be summoned to face trial.

Access the court order here-

ORIGINAL ORDER BY HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH