J.S.RAJKUMAR Vs. ASSISTANT COMMISSIONER OF POLICE

JUDGEMENT

(1.) This is a case of medical negligence. The 1st petitioner is a surgeon. The 2nd petitioner is the hospital of which, the 1st petitioner is the Managing Director. They face prosecution for offence under Section 304-A I.P.C. Seeking to quash the said proceedings, the petitioners are before this Court with this petition. The case of the prosecution is as follows:

(2.) On 8.4.2006, Vignesh complained of severe abdominal pain. The 1st petitioner examined him and suspected that there was fluid collection in the abdomen. But the cause for the fluid collection could not be diagnosed. Therefore, he wanted to go for "exploratory laparatomy" surgery to find out the cause for leakage. Accordingly, on 8.4.2006, the first accused conducted "exploratory laparotomy" and in the said process, he drained the fluid collection in the abdomen cavity. The first petitioner later told that he had noticed a perforation in the stomach and the same was closed by appropriate stitching. He also told that the perforation was due to punching of staple.

(3.) After the said surgery was over, the condition of the patient became some what critical. He was maintained in the Intensive Care Unit for support of vital parameters. On 11.4.2006, the patient had septic shock. The treatment continued for reducing the septic shock. On 21.4.2006, tracheotomy was done and the patient was put on ventilation.