LAWS(GJH)-2017-4-483

CHANDRAVADAN RANGILDAS DHRUV Vs. STATE OF GUJARAT

Decided On April 25, 2017
Chandravadan Rangildas Dhruv Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) This writ petition, in the nature of public interest litigation, has been filed seeking the following reliefs;

(2.) The facts in a nutshell are as under;

(3.) It is contended by the petitioner, party in person, that the Doctors and paramedics, who gave treatment to the patients on 12.01.2016, had exercised the required degree of care while treating them. They acted in a negligent and careless manner, which resulted into the loss of vision of the patients. It was submitted that if a medical practitioner fails to exercise reasonable skill and care, then he would lose immunity from an action in tort and he could be sued on such ground. However, the respondent authorities shielded the Doctors and paramedics and did take any action against them. Hence, appropriate action deserve to be taken against the Hospital authorities for their negligence and inaction. 3. 1 The petitioner further submitted that the Inquiry Committee constituted by the respondent Corporation gave a clean chit to the Doctors and paramedics, though it was found that the patients had lost their vision, after being administered the drug by the Doctors of the Hospital on 12.01.2017. It was contended that the Report submitted by the Inquiry Committee constituted by the respondent Corporation does reveal the true facts, as the Members were handpicked by the respondent Corporation and were independent. Further, the Gujarat State Human Rights Commission also refused to take any action in the matter. It was, therefore, submitted that appropriate directions deserve to be issued in the matter to safeguard the interest of the public at large and to restore trust in a Government managed Hospital.