Charges on MBBS Doctor Quashed by High Court for Gallbladder Surgery Death

In a controversial case involving the death of a 67-year-old patient following gallbladder surgery, the Jharkhand High Court has dismissed the criminal proceedings against Dr. Prasad, an MBBS physician who had been accused of causing death by medical negligence (under IPC section 304A) at his clinic and additionally the doctor faced charges under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 which alleges caste-based abuse against the deceased’s family.

Context of the Case: In May 2020 complainant's mother underwent gallbladder surgery at Dr. Prasad’s clinic. Despite being discharged in stable condition, the patient experienced complications and was referred to Medica Hospital in Ranchi, where she died in June 2020 due to infection and medicine reaction, and have spent approximately ₹1.5 lakh on her treatment.

Subsequently, a complaint was filed by a Scheduled Cast member (the deceased's son) alleging that Dr. Prasad performed the surgery without being a qualified surgeon and that he insulted the family based on their caste following her death and sent a legal notice demanding ₹10 lakhs in compensation, which Dr. Prasad refused.

Key Allegations- The complaint led to the filing of an FIR under the IPC sections 304A (causing death by negligence), 406 (criminal breach of trust), 420 (cheating), and sections of the SC/ST (Prevention of Atrocities) Act. 

In a defensive argument, Dr. Prasad’s counsel denied the charges emphasizing that;

• He had not performed the surgery but was part of the post-operative care team. The surgery was carried out by Dr. Rajiv Kumar, a visiting surgeon, and after the surgery, the patient was discharged in a stable condition under medical records. 

• The defense attorney further highlighted that no expert medical opinion was presented to support the charges of negligence. The court emphasized the principles outlined in Jacob Mathew v. State of Punjab (2005), which require evidence from a competent medical professional to establish negligence.

• The inclusion of SC/ST charges was claimed to be unjustified because it noted that the alleged abuse occurred inside the complainant’s house and was “not made in public view” as required by the law.

Justice Sanjay Kumar Dwivedi condemned the charges were baseless and that the proceedings had been initiated maliciously to harass the doctor. The court quashed the entire criminal proceedings against Dr. Prasad, acknowledging that the death occurred after the patient had been referred to Medica Hospital and was unrelated to Dr. Prasad’s care.

(Input from various sources)

(Rehash/Dr Disha Merlyn Mathias/MSM)