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Criminal Revision No. 581 of 2004

(iii) Subsequent to the surgery, the patient was, however, lying unconscious. This apart, when the patient was brought out from the Operation Theater, the complainant noticed that there was continuous bleeding at the point of saline‟s needle and his wife‟s bed was full of blood. Seeing this abnormal condition, the complainant raised the matter before the attending doctor, namely, Dr. RP Hansaria, who failed to take the matter seriously and did not take remedial medical steps and, as a result thereof, her condition went on deteriorating from bad to worse. The patient was, therefore, again, shifted to Operation Theater. Thereafter, at about 7.30 pm, the patient was brought back to the Observation Room with general oxygen, whereupon the complainant asked the doctors, namely, accused Nos. 2 and 3 (i.e., Dr. RP Hansaria and Dr. Dinesh Agarwal respectively), about the condition of the patient. Both the said doctors replied by saying that due to excess dose of anesthesia, some problems had arisen, but there was no need to worry inasmuch as necessary treatment was in progress. On being so informed by the said two doctors, the complainant remained silent and waited for recovery of his patient; but he was quite upset with the condition of the patient, because the patient remained in unconscious state till 6.30 pm, though such a patient, under normal circumstances, ought to have regained sense within an hour of surgery from the influence of anesthesia. The complainant also observed that due to negligence, on the part of the accused Nos. 2, 3 and 4, his wife‟s condition had become serious and he (complainant) also found that there was no provision for Intensive Care Unit (ICU), in the said hospital, to provide better treatment to such type of serious patients.

Criminal Revision No. 581 of 2004

(iv) The complainant, therefore, decided and, consequently, tried to shift his patient to some other hospital; but the doctors, attending on his patient, including the present petitioner, did not allow him to take away the patient and to shift her to any other hospital. The attending doctor, namely, accused No. 2, Dr. RP Hansaria, again and again, tried to convince the attendants of the said patient, particularly, the complainant, that the patient was alright so far as gynaecological aspect was concerned, but she had been having problem, because of excess dose of anesthesia.

16. In fact, not even an iota of allegation has been made as regards any negligence or rashness on the part of the present petitioner in conducting the said surgery. The complainant also claims that according to the information given to him, his patient did not recover due to excess dose of anesthesia. Ordinarily, a surgeon‟s responsibility does not end merely with completion of surgery inasmuch as a surgeon remains also responsible to ensure that appropriate post operative care is taken. Here again, the complainant does not allege that the patient had suffered from any infection, rash or negligent act or omission, in the post-operative care, so far as the surgeon‟s role was concerned.

18. Apart from the fact that there is, strictly speaking, nothing in the complaint, in question, alleging that in administering anesthesia, there was rashness or negligence on the part of Dr. KK Goswami, the fact remains that even if the administration of excessive dose of anesthesia was in itself an act of such rashness or negligence, which would fall within the ambit of Section 304A IPC, what can be, at best, said is that a case, if any, had been made out by the complainant against the said anesthetist and, in the absence of any specific allegation that it was due to performance of surgery on his wife by the present petitioner in rash or negligent manner that the complainant‟s patient had developed complications and, eventually, went to coma and died, no case of rashness or negligence, attracting application of offence, under Section 304A IPC, can be said to have been made out against the present petitioner.