In a 2016 case that resulted in the death of the patient, a North Goa court stated that the charge of culpable homicide not amounting to murder will be framed against a doctor for medical negligence.

According to the prosecution, the accused doctor in January 2016 operated on the victim under the pretext of cosmetic surgery at a hospital in Mapusa and in the process perforated her small intestine and failed to make proper arrangements for proper care during the surgery and post-operative care knowing fully well that it is likely to cause her death.

Public prosecutor J Santamaria represented the state assisted by advocate J Toraskar.

“In the present case, the accused left the hospital after the operation without ensuring that proper arrangements were made to take care of the deceased post-operation and therefore he did not exercise his skill,” stated additional sessions judge, North Goa, Mapusa, Sharmila A Patil.

The postmortem examination report revealed that the cause of death was due to acute peritonitis consequent to perforation of the small intestine. The panel of doctors from the Goa Medical College that conducted the inquiry for medical negligence had stated that a deficiency had existed in the standard of care provided constituting medical negligence, which contributed to the death of the patient.

Advocate T Sawant representing the doctor relied on a SC case where it was observed that a doctor cannot remain by a patient’s bedside throughout the hospital stay and that every death of a patient cannot, on the face of it, be considered to be medical negligence.

The chargesheet stated that the accused corresponded over the phone with the staff of the hospital and a lady from a beauty clinic after the surgery and was directing them to give medication instead of being present at the hospital.

Source: https://timesofindia.indiatimes.com/city/goa/in-2016-case-doc-to-be-charged-with-culpable-homicide/articleshow/102917843.cms?from=mdr