Doctors need to be protected from frivolous, unjust prosecution: High Court

The bench was hearing a petition by an ayurvedic doctor against an FIR filed by a man, who alleged that his wife died after being treated by the doctor.

In Short

• High Court quashes FIR against doctor in woman's death case
• FIR was filed by woman's husband alleging wrong treatment by doctor
• Court found no direct link between treatment and cause of death

The Aurangabad bench of the Bombay High Court quashed an FIR filed by a man who lost his wife in 2021 despite receiving treatment for a fortnight. In its order, the court also highlighted that the doctors need protection from frivolous and unjust prosecution.

The bench of Justices Vibha Kankanwadi and SG Chapalgaonkar said, "We are not oblivious to the fact that criminal prosecutions against medical practitioners are increasing; they require protection from frivolous and unjust prosecution, particularly when such actions are used to pressure them into paying uncalled-for or unjust compensation."

The bench was hearing a petition filed by a doctor against an FIR registered at Nimbhora Police Station in Jalgaon district, Maharashtra. Complainant Sachin Patil alleged that his wife Gayatri was treated by Dr PS Ahire, who runs Samarth Clinic in the village of Vivare.

After a couple of days of treatment, Gayatri's health deteriorated, and she was referred to a few other hospitals, where it was discovered that she had suffered a brain hemorrhage and required surgery. However, she passed away on May 31, 2021.

The prosecution's case was that Dr Ahire, being a practitioner in Ayurvedic medicine, was not competent to prescribe modern medicines or practice allopathy. It was alleged that because of the wrong treatment and overdose of medicine during the initial treatment by Dr Ahire, Gayatri lost her life.

The bench observed that there was an absence of material indicating a direct nexus between the cause of death and the medical treatment provided by Dr Ahire, and no case could be made to prosecute him for the offense punishable under Section 304-A (causing death by negligence) of the Indian Penal Code.

"It may be possible that, owing to the negligence attributed to Dr. Ahire regarding Gayatri's treatment, a case for actionable negligence in civil law could be made. However, in the absence of proximity between the cause of death and the negligent act, which is a sine qua non for prosecution against a medical practitioner, criminal prosecution under Section 304-A cannot be sustained." the court said.

The bench also noted that Gayatri had died due to a brain hemorrhage and that "there is nothing on record to show that the brain hemorrhage was attributable to the alleged prescription of medicines in irrational combinations by Dr Ahire".