Monday, November 29, 1999

10 yrs after woman died post surgery, doctor to face trial

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More than 10 years after a woman died following an operation at a city hospital, a Delhi court dismissed a plea by the accused, a doctor, to quash criminal proceedings against her.Dr Chitra Bhatnagar, who had performed the Cesarean operation on Sapna along with two other doctors — Vinod Thukral and Asha Gupta — at Parmarth Mission Hospital, challenged the order that stated proceedings be initiated against her for alleged medical negligence. The order was passed on the basis of examination of the Sapna's medical records.Additional Sessions Judge Dharmesh Sharma said the proceedings against the doctor, booked under IPC Section 304-A for medical negligence, should be taken forward because the leaving a sponge or a gauze inside the patient's body after performing an operation is a case of "gross negligence".Bhatnagar, along with the two doctors, was to be prosecuted after Sapna died on May 26, 1998. She had suffered an infection allegedly caused by the foreign body left inside her.Bhatnagar had challenged the order taking cognizance against her on October 6, 2009, saying there was no direct evidence of the presence of foreign object in Sapna's body. The court said it had heard the medical board's opinion that the sponge had endangered Sapna's life and she suffered for a year with the infection and died.

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