2 Pune doctors sentenced to 10 years imprisonment for culpable homicide of woman after surgery |
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2 Pune doctors sentenced to 10 years imprisonment for culpable homicide of woman after surgery
Express News Service,  30 September 2020
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A Pune court has sentenced 2 doctors to 10 years’ imprisonment due to the death of a 21-year-old woman. She had succumbed to post-surgery complications following a caesarean delivery and tubectomy that was performed in 2012 at a hospital in Dehu Road area.

On Tuesday, the court of Additional Sessions Judge VR Jagdale convicted doctors Jitendra Shimpi and Sachin Deshpande to modest imprisonment of 10 years under Indian Penal Code Section 304 for culpable homicide not amounting to murder. Under the provision of Bombay Nursing Homes Registration Act, Shimpi has been sentenced to simple imprisonment of six months.

The two are ordered to pay a fine of Rs 2.5 lakh also to the husband of the deceased woman. Anaesthesiologist Dr VB Agarwal was also charged with the two other doctors but was acquitted by the court.

The 21-year-old woman was admitted for a planned caesarean delivery at Dr Shimpi’s hospital. It was her second pregnancy and a following tubectomy was also planned on April 30, 2012. Dr Deshpande was called to perform the procedures. After performing the procedures, the woman suffered from excessive bleeding and was shifted immediately to another hospital in a car. The same set of doctors did another procedure on her in the other hospital.

The woman passed away next morning. The doctors were booked by police on culpable homicide charges not amounting to murder under sections of Bombay Nursing Homes Registration Act, a few months later, due to an inquiry by a medical board at the government hospital.

Both doctors had degrees in Ayurvedic Medicine. Dr Shimpi had a BAMS degree, while Deshpande had a BAMS degree along with a MS in Ayurveda Shalyatantra. The duo was charged for culpable homicide and the prosecution argued that the two doctors didn’t havethe mandatory education and training to perform these procedures.

The court observed that the chief dispute was whether the two accused did not possess the necessary educational qualification for performing the gynaecological surgery, which includes the caesarean operation and tubectomy, according to the government norms, whether appropriate pre-operative and post-operative care was taken and whether the death resulted due to postpartum complications.

The prosecution scrutinized nine witnesses and one refutation witness. The court ruled that the evidence that was presented by the prosecution was convincing and reliable to prove charges of culpable homicide against Dr Shimpi and Dr Deshpande, but is not sufficient enough to prove that the anaesthesiologist aided them. In its order, the court appreciated the efforts that were taken by the investigating officer Amol Chaudhari and prosecutor Rajesh Kavediya.

Source: The Indian Express

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