September 18, 2025

Get In Touch

Patient dies during childbirth, HC refuses to quash criminal proceedings against gynaecologist

Ahmedabad:Denying to grant relief to agynaecologist bookedfor culpable homicide not amounting to murder- IPC 304, theGujarat High Courtrecently refused to entertain his plea seeking quashing of the proceedings. The gynaecologist, along with others, was booked after a woman died during childbirth at a Bavla-based hospital back in May 2024. In this connection, Bavla police registered an FIR on September 2. Police booked the doctor after the deceased's brother filed a complaint and alleged that due to the incompetence andnegligenceof doctors and staff at the treating Hospital, his sister died during childbirth in May 2024. Also Read: NO Bail to Ahmedabad Cardiologist jailed for unindicated cardiology procedures As per the latest media report by theTimes of India, the complaint stated that the hospital doctor was guiding two nurses over the phone when the patient was admitted for delivery. When complications arose, the treating gynaecologist andanaesthetistwere called to conduct a C-section. It was alleged that the child was stillborn, and due to profuse bleeding, the patient was shifted to Sola Civil Hospital without a referral. The patient was declared dead on arrival at the second hospital. After the patient's brother filed the complaint, an FIR was registered by the police based on the complainant's statement and an opinion report from Ahmedabad Civil Hospital. The FIR named three doctors and two nurses, who were booked under IPC sections 304 (culpable homicide not amounting to murder) and 114 (abetment). Challenging the FIR, the gynaecologist approached the Gujarat High Court bench. His counsel contended that doctors are usually charged under IPC section 304A (causing death by negligence). Therefore, the counsel questioned the use of section 304, which carries harsher punishment, for the doctor. He also urged the court to consider an alternative expert opinion. However, the HC bench comprising Justice Desai declined to do so at this stage and further refused to entertain the plea. Following Justice Desai's refusal, the doctor's counsel withdrew the petition and soughtanticipatory bailinstead. At this outset, the bench observed, "Permission as prayed for is granted. The present petition stands disposed of as withdrawn. It is made clear that this Court has not examined the merits of the case." Also Read: Surat Gynaecologist, assistant booked under IPC 304 on allegations of surgery without consent

Disclaimer: This website is designed for healthcare professionals and serves solely for informational purposes.
The content provided should not be interpreted as medical advice, diagnosis, treatment recommendations, prescriptions, or endorsements of specific medical practices. It is not a replacement for professional medical consultation or the expertise of a licensed healthcare provider.
Given the ever-evolving nature of medical science, we strive to keep our information accurate and up to date. However, we do not guarantee the completeness or accuracy of the content.
If you come across any inconsistencies, please reach out to us at admin@doctornewsdaily.com.
We do not support or endorse medical opinions, treatments, or recommendations that contradict the advice of qualified healthcare professionals.
By using this website, you agree to our Terms of Use, Privacy Policy, and Advertisement Policy.
For further details, please review our Full Disclaimer.

0 Comments

Post a comment

Please login to post a comment.

No comments yet. Be the first to comment!