Chhattisgarh HC dismisses plea holding docs liable for woman’s death | Raipur News – Times of India

RAIPUR: Chhattisgarh high court has held that administration of a particular drug cannot be termed as “medical negligence” and dismissed a petition filed by a Surguja resident alleging that his mother died of post-Covid complications due to administration of the wrong drugs, mainly Remdesivir injection, by a private hospital in Raipur.
The bench of Justice Goutam Bhaduri said in his order “putting doctors to criminal prosecution for negligence would lead to creating a lot of emotional disturbance, at the time of pandemic, when the doctors have served the ailing despite the fact the doctor-patient ratio has been low. The doctors made their best effort to revive the ailing one; no criminal negligence can be attached to any individual opinion”.
Briefing the facts of the case, the high court, in its order noted that the petitioner’s mother, aged about 69 years, was admitted to a private hospital in September last year with an infection of Jaundice and no symptom of Covid-19.
She was put in a Covid ward after she was tested Covid positive at the time of admission. The mother was administered with Remdesivir Injection and due to the wrong treatment of administering the injection, her health deteriorated after which the injection was stopped. Before her death, an RTPCR test was carried out which came negative.
The petitioner moved the high court with two-fold prayers that the hospital is responsible for the negligent treatment and did not follow the Covid protocol norms in handling the dead body; therefore, the hospital is liable to be prosecuted.
Petitioner’s counsel has further argued that applications complaining the incidents were made to the respective Director, Health Services wherein allegations were made but it was not taken care of.
“The pandemic has returned after 100 years, no medicine has been invented, as such, the doctors to the best of their ability and understanding have administered different injections to the Covid-19 infected patients. This may be attended by risks, one has to understand the fact that the system cannot take benefits without taking the risks and every advance in technique and experience are also attended by risks. The doctors, like the rest of us, have to learn by experience and experience often teaches in a hard way. Under these circumstances, one has to indicate trust in the system and cannot be allowed to abuse the conditions.” said the high court while dismissing the petition.

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