Kerala High Court upholds charge against 3 doctors
Posted December 16th, 2014, 02:06 PM IST

Kochi: Kerala High Court on Monday observed that victims and their relatives in the medical negligence cases have rights in the criminal justice system.
The court also observed that the victims were not supposed to swallow all that was being done by the investigating agency or the prosecution. They should never be treated as mute spectators in judicial process, it said.
The court made the observations while refusing to interfere with a trial court order framing section 304 IPC (culpable homicide not amounting to murder) against three doctors in a case in which 24-year-old housewife died owing to alleged medical negligence.
Justice B. Kemal Pasha passed the order while considering a revision petition filed by Dr Rajan of Kayamkulam and Dr Girija and Dr Mathew Kunjummen of Eroor against the Mavelikkara additional sessions court order.
The prosecution case was that on December 14, 2004 a young woman was admitted to Parabrahma Hospital and Research Centre due to abdominal pain.
The doctors at the casualty administered cyclopam injection and digene gel and she was asked to go home. She later had pain and met a surgeon at the same hospital and when a test dose was given she developed respiratory difficulties.
There was no ventilator facility at the Parabrahma Hospital and Research Centre and she was later transferred to VSM Hospital, Mavelikkara. However, she was declared brought dead.
The court observed that there was a conscious attempt to postpone the trial of the case. The victim's mother, an 80-year-old cancer patient, wants to see the disposal of the case during her life time, the court observed.
The court also observed that the victims were not supposed to swallow all that was being done by the investigating agency or the prosecution. They should never be treated as mute spectators in judicial process, it said.
The court made the observations while refusing to interfere with a trial court order framing section 304 IPC (culpable homicide not amounting to murder) against three doctors in a case in which 24-year-old housewife died owing to alleged medical negligence.
Justice B. Kemal Pasha passed the order while considering a revision petition filed by Dr Rajan of Kayamkulam and Dr Girija and Dr Mathew Kunjummen of Eroor against the Mavelikkara additional sessions court order.
The prosecution case was that on December 14, 2004 a young woman was admitted to Parabrahma Hospital and Research Centre due to abdominal pain.
The doctors at the casualty administered cyclopam injection and digene gel and she was asked to go home. She later had pain and met a surgeon at the same hospital and when a test dose was given she developed respiratory difficulties.
There was no ventilator facility at the Parabrahma Hospital and Research Centre and she was later transferred to VSM Hospital, Mavelikkara. However, she was declared brought dead.
The court observed that there was a conscious attempt to postpone the trial of the case. The victim's mother, an 80-year-old cancer patient, wants to see the disposal of the case during her life time, the court observed.
- Bollywood stars shower blessings on Anshula Kapoor Rohan Thakkar at wedding reception
- Shilpa Shirodkar recalls losing Chaiya Chaiya with SRK
- Watch Russian couple dramatic proposal atop Empire State Building sparks global buzz
- Aamir Khan says his wedding with partner Gauri Spratt will be intimate affair with family and friends
- Actress Sreeleela recalls balancing MBBS medical exams with Viral Vayyari song shoot on Doctors Day
- US removes four Indian firms from sanctions list
- Suriya joins hands with T J Gnanavel for new hombale films project
- US Iran agree to sustain Strait of Hormuz ceasefire resume broader nuclear talks
- Telangana Governor CM Revanth Reddy urge people to join fight against drug abuse
- Samantha Confirms Pregnancy Shares Maternity Leave Plans Have To Take A Small Break
- Allu Arjun to appear in court on Monday in Sandhya Theatre stampede case
- Yoga centres to be set up in all villages announces CM Chandrababu Naidu
- Gujarat polls second phase: PM Modi casts vote in Ahmedabad
- Kavitha wants CBI questioning in Hyderabad, where it has no consent
- Congress only believes in stalling, delaying and misleading, alleges PM
More News
Photos
Latest
- Ravi Teja begins dubbing for ‘Irumudi’, set for Aug 21 release
- Dhanush did not enter cinema willingly and cried on his debut set, reveals father Kasthuri Raja
- Bollywood stars shower blessings on Anshula Kapoor Rohan Thakkar at wedding reception
- Shilpa Shirodkar recalls losing Chaiya Chaiya with SRK
- Watch Russian couple dramatic proposal atop Empire State Building sparks global buzz
- Aamir Khan says his wedding with partner Gauri Spratt will be intimate affair with family and friends
- Actress Sreeleela recalls balancing MBBS medical exams with Viral Vayyari song shoot on Doctors Day
- US removes four Indian firms from sanctions list
- Suriya joins hands with T J Gnanavel for new hombale films project
- US Iran agree to sustain Strait of Hormuz ceasefire resume broader nuclear talks
Opinion Poll
Videos















