RITU RAWAT Vs. TEJ SINGH

JUDGEMENT

(1.) THE petitioners, Dr. Ritu Rawat, Medical Superintendent, Indraprastha apollo Hospitals and Dr. Rajeev Puri, Consultant ENT seek quashing of complaint in case No. 495/1/2007 and orders dated 2nd March, 2007 and 17th March, 2007 passed in the said complaint case under Section 304 (II)/304a/34 IPC.

(2.) THE complainants are respondents No. 1 and 2, grandfather and mother of late Aditya Pal who was suffering from Recurrent Laryngeal Papillomatosis. He was undergoing treatment at Indraprastha Apollo Hospital since November, 2004 and he underwent multiple laserisation of his papillomata on 25th November, 2004, 7th March, 2005, 22nd April, 2005 and 28th July, 2005.

(3.) THE respondents contended in their complaint that on 3rd October, 2005 late Aditya Pal was again admitted in Indraprastha Apollo Hospital and during the procedure one of the pulses caused a luminescence in the airway leading to withdrawal of the procedure as the deceased suffered laser burns in the airway and he was shifted to ventilator support in Paediatric Intensive Care Unit (PICU ). For the laser burns during the procedure, he was stabilized initially in o. T and then shifted to ICU for further management where he was put on mechanical ventilator and allegedly started on IV antibiotics and vigorous supportive care (inotopes and IV fluids ).