SUVARNA Vs. RENI PHILIP

JUDGEMENT

(1.) This writ appeal is directed against the judgment of a learned Single Judge in WP (C) No. 6921 of 2012. The appellant is not a party to this writ petition. Therefore, she has preferred this writ appeal with the leave of this Court. Heard Sri. Manoj R. Nair, the learned counsel appearing for the appellant, Dr. S. Gopakumaran Nair, the learned Senior Counsel appearing for the respondents 1 and 2 and Sri. C.R. Syamkumar, the learned Senior Government Pleader appearing for the respondents 3 to 5.

(2.) The appellant's daughter Megha, aged 10, was admitted to Christian Mission Hospital, Pandalam (for short, the Hospital) with abdominal pain and vomiting. She was attended by the 1st respondent, a Pediatrician, and the 2nd respondent, the Resident Medical Officer, of that hospital. She was administered certain medicines. On seeing signs of discomfort, she was given an injection allegedly without administering test dose. Soon the child began to show signs of discomfort. She was again administered certain drugs including antibiotics. At 8.30 p.m. on that day, the child had oral and nasal bleeding. She was shifted to the Medical Trust Hospital, Ernakulam at 12.45 a.m. on the next day. The child expired at 9.50 p.m. on 05/08/2010 while undergoing treatment there.

(3.) The appellant preferred Ext. P1 complaint before the Pandalam Police in respect of the matter. Based on Ext. P1, FIR No. 808 of 2010 of Pandalam Police Station has been registered for the offences under Sections 336 and 337 of IPC. The 5th respondent, the Deputy Superintendent of Police, Adoor, has taken over the investigation of the case. As per the instructions issued by the Government of Kerala in its Circular Memorandum dated 16/06/2008, after registration of a case against doctors in Government service and private sector for criminal negligence, the investigating Deputy Superintendent of Police should immediately refer the case to an Expert Panel. Accordingly, the Investigating Officer in this case referred the matter to the Expert Panel. The Expert Panel, after examining the matter, prepared Ext. P6 Report on 18/01/2011. It is noted in Ext. P6 that the cause of death has been stated as choking in the Post-mortem Report. A gauze was found blocking pharynx and upper part of trachea along with blood clots blocking air passages. The opinions of the Expert Panel noted in Ext. P6 are as follows: