Hyderabad court orders registration of case against two negligent doctors

Web Desk – December 08, 2019

The judge directed SHO of the Qasimabad police station to record statement of the applicant and arrest the suspects if a cognisable offence was made out.

“Police Rules 1934 shall be carefully exercised so that arrest shall be made unless reasonable ground exist to connect accused with alleged offence,” the order said.

Applicant Nek Mohammad Khoso had filed an application under Sections 22-A and B of the Criminal Procedure Code (CrPC) against Dr Saeeda Shaikh, Dr Abdul Malik Shaikh and administrator Mr Mumtaz, seeking registration of an FIR against them.

The applicant’s wife, Kaz Bano, had died at the hospital in June this year after her case was, according to Mr Khoso, “mismanaged”.

The sessions court had directed him to approach the competent authority, Sindh Health Care Commission (SHCC) and seek remedy. The applicant informed the court that he had approached the SHCC which decided to impose a fine on two doctors.

He asked the court to order registration of FIR against all three suspects.

According to the applicant, the SHCC had imposed a fine of Rs200,000 on the hospital on account of clinical, administrative and environmental gaps identified in a report of the commission’s ins­p­e­ction committee. A fine of Rs100,000 was imposed on Dr Saeeda Shaikh for negligence by avoiding to follow the prescribed sta­ndards of medical care. The SHCC had directed Dr Saeeda Sha­ikh to pursue further medical education to hone her professional skills.

The applicant alleged that the hospital administration had hired incompetent and inexperienced doctors who are playing with the lives of innocent people.

He also alleged that his wife was in a serious condition but the management threw them [patient and her relatives] out of the hospital and refused to hand over to them the treatment file.

The counsel for the accused submitted in court that the SHCC had already punished the respondents by imposing a fine on them. He argued that respondents could not be punished twice in same case.

The court noted that negligence on part of respondents was proved in the SHCC report of Nov 25, therefore, the application was allowed.

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