Document Fragment View

Matching Fragments

Present petition has been filed under Section 482 of the Code of Criminal Procedure for quashing of Complaint Case No. 7506/9/2011 dated 09.06.2008 titled "Jagjit Singh Arora vs. Dr. Jayant Banerjee and others" (Annexure P/4), pending in the Court of learned Judicial Magistrate First Class, Chandigarh and summoning order dated 26.07.2011 (Annexure P/12).

Brief facts of the case are that on 01.08.2005 in the morning, Mrs. Inderjit Arora, wife of respondent no.1-complainant, (hereinafter referred to as the `patient') experienced pain in her left leg and also complained of shivering and mild fever. She approached Dr. Jayant Banerjee at his clinic Medi-hub, Madhya Marg, Sector 8-C, Chandigarh at 4.00 p.m. for medical check up and treatment. Dr. Banerjee, after some preliminaries advised Mrs. Arora to visit Prime Diagonistic Centre for a procedural test. After Echo Cardiography test, Dr. U.P. Singh referred Mrs. Arora to Dr. Banerjee, who referred her to one Dr. Sudhir Saxena, Cardiologist. Thereafter, the complainant visited the private clinic of Dr. Sudhir Saxena, who on preliminary check up advised her hospitalization and prescribed two medicines to Mrs. Arora and left rest of the treatment as per advice of Dr. Banerjee. Dr. Saxena also suggested immediate tests such as D-dimer test, repeat echo-cardiography test and spiel CT Chest scan. Upon the advise of Dr. Sudhir Saxena, Dr. Banjerjee referred Mrs. Inderjit Arora to INSCOL Multi-Speciality Hospital, Sector 34, Chandigarh where Dr. Banerjee was later found to be positioned as Medical Superintendent. Mrs. Arora was admitted in the ICU of INSCOL Hospital (hereinafter referred to as the "Hospital") by Dr. Jayant Banerjee under scare of suspected ailment of Pulmonary Embolism. Mrs. Arora was not attended to by any specialist at INSCOL Hospital, but by Resident Medical Officer Dr. Paramjit Singh Mann, petitioner no.3. Later on Dr. Paramjit Singh Mann was found to be an unqualified doctor to treat her, as a result of which, the condition of Mrs. Arora worsened. She was administered highly potent TPA (Tissue Plassminogen Activator) injection valuing Rs.81,600/- meant for acute "Pulmonary Embolism", although she was not suffering from any such ailment. On account of unnecessary administration of the said injection, the condition of Mrs. Arora seriously aggravated, as a result of adverse effects of administration of wrong injection causing grievous hurt to Mrs. Arora, resultantly she was almost driven to the brink of death. The condition of Mrs. Arora extremely deteriorated and she had to remain hospitalized in ICU of Fortis Hospital for about 2 months and thereafter, she was shifted to PGI, Chandigarh, where she remained admitted for one month. Ultimately, she died. During this period, she remained under severe bodily pain and also remained out of her ordinary chorus. The INSCOL Hospital not only charged for medicines not consumed, but also by setting aside all ethics of medical legal practices acted in a negligent manner. The appointment of unqualified Dr. Paramjit Singh Mann by the Hospital Management has resulted into wrong treatment and consequent death. There was also tampering with the documents of INSCOL Hospital record to save the staff as well as the management. On the basis of above facts, the complaint was filed before the learned Judicial Magistrate First Class and number of witnesses were examined.