T. SULOCHANA Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) This is an unfortunate case of medical negligence which has lost the precious life of an young girl, hardly aged 13 years. She was studying VIII Standard in a local School. Seeking a direction to the police to reopen the investigation of the case and to file a final report against the Doctors, who were stated to be grossly negligent and also seeking compensation of Rs. 5,00,000/- the mother of the victim has come up with this original petition.

(2.) The brief facts of the case would be as follows: The petitioner is the mother of one T. Sudhasini, who was studying in a local School. On 22.07.2006 she complained of diarrhea. She was immediately taken to the Government Hospital at Vedaranyam in Nagapattinam District by the petitioner at 09.00 a.m. According to the petitioner, one Dr. Pandiyan attached to the said hospital was very much available, but, he was very busy with the other patients. Therefore, the petitioner approached yet another Doctor by name Dr. Sumathi, who was also in the same hospital. But, according to the petitioner, Dr. Sumathi instead showing concern for the request of the petitioner to attend on Sudhasini, was found locked in unnecessary discussion with yet another woman. One Dr. Ramachan-dran, thereafter, admitted Sudhasini and gave some kind of treatment. However, she died in the hospital around 1.15 p.m. According to the petitioner, the death of the deceased was due to the gross negligence on the part of the Doctors.

(3.) In this regard, on a complaint made by the petitioner, the 1st respondent registered a case in Crime N0.318 of 2006 under Section 174 of Cr.P.C. [suspicious death] and inquest was conducted. Thereafter, the body was sent for autopsy. One Dr. Sampath Kumar, Senior Assistant Surgeon, attached to the Government Hospital, Nagapattinam, conducted autopsy on the body of the deceased. Visceral organs were sent for chemical analysis which revealed that drugs or other poison was not detected in any of the visceral organs. Finally, the Doctor gave opinion that the deceased would appear to have died of shock due to "Necrotising Entero Colitis". Thereafter, the FIR was closed as action dropped.