In an important judgment with observations pertinent to doctors in cases of medical negligence, Gujarat high court has struck down charges of culpable homicide brought against two gynaecologists in the case of death of a woman after a caesarian. Gynaecologists S and J, who run a Nursing Home in Vadodara, were booked for culpable homicide not amounting to murder. This happened on a complaint filed by a man whose wife died due to complications 10 days after she delivered a baby to the hospital in July last year.
The doctors were booked under Section 304 of the IPC on basis of postmortem report showing shock and haemorrhage as cause of death due to complications in surgery. The JP Nagar police filed a charge-sheet, and the doctors moved the HC. After hearing the case, Justice questioned how police came to know there was negligence on part of doctors during the surgery only on basis of the…