Prayagraj, Jul 25 (PTI) The Allahabad High Court has expressed displeasure over patients being treated as “guinea pigs or ATM machines” and dismissed a doctor’s plea against the criminal action initiated against him over the death of a pregnant woman.
Justice Prasant Kumar said it was common practice nowadays for nursing homes and hospitals to entice the patients for treatment despite having inadequate doctors or infrastructure.
The court observed the medical facilities had started “treating patients as guinea pig/ATM machines only to extort money” from them.
The court, therefore, dismissed the plea of Dr Ashok Kumar Rai, owner of a nursing home, which admitted a pregnant woman for child birth and surgery in absence of an anaesthetist arrived late at the nursing home, resulting in death of the foetus.
The doctor was challenging the criminal proceedings against him in the matter.
The court dismissed the plea and said medical professionals ought to be protected, but not those running nursing homes without proper facilities, infrastructure or doctors and only to fleece patients.
After going through the record, the court found that present case was of a pure misadventure where the doctor admitted the patient and after taking a go ahead for her operation from the family members did not perform the operation on time because of non-availability of anaesthetist.
The court found it not a case of the doctor being unqualified but whether he exercised reasonable care in providing medical treatment in time or acted carelessly.
“Though consent was taken at around 12 o’clock, the operation was conducted at around 5:30 pm. If the consent was given at around 12 o’clock, why was the operation carried out at around 4/5 PM. There is no rationale for delay on the part of the doctor/nursing home/hospital. Such negligence can only be attributed to the doctor/applicant.” the court added. PTI CORR RAJ AMK AMK
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