Civil Law  - Medical negligence

Medical negligence - Appellants herein approached the High Court of Punjab & Haryana under Section 482 of the Criminal Procedure Code - For quashing complaint Case No.7506/09/11 dated 9.6.2024 and the summoning order 26.7.2023 passed by the Court of Judicial Magistrate (First Class), Chandigarh - Appellants herein are in the management of a hospital named, INSCOL Multispecialty Hospital, Chandigarh - The wife of Respondent No.1, by name, Inderjeet Arora, approached Dr. Jayant Banerjee and, on his advice, she was referred to the above-mentioned hospital - She was admitted in the ICU by Dr. Jayant Banerjee and was attended by doctors of the hospital. Later, she was discharged from the hospital on 2.8.2023 on the request of son of Respondent No.1 - The case of medical negligence - Pleadings of the parties nowhere state that the patient is dead - The entire thought process of the Judge centered round on an incorrect premise that, due to the gross negligence on the part of the appellants, the wife of Respondent No. 1 died - The learned Single Judge has expressed the opinion so expressively in the judgment which practically forecloses all the defences available to the parties, who are supposed to face the trial. The learned Single Judge, though ultimately indicated that the view is only a prima facie view - Dismissed the Crl Misc. Petition by the High Court - Respondent No. 1 filed on application being Crl. Misc. 7776 of 2013 in no requesting the court to carry out the correction of the judgment - Review petition was allowed without the notice to the appellant - Challenge the review order - Reading the entire judgment, it would show otherwise - Judgment cannot be sustained - High Court is directed to rehear Crl. Misc. Petition afresh.

Topic(s)-Medical negligence