Mumbai: Noting that the cause of child's death could not be ascertained as the father denied permission for post-mortem, a magistrate court acquitted a 60-year-old child specialist booked for causing death by negligence.
Ghatkopar resident and father of the deceased, Naresh Agine, had filed a police complaint against Dr Ajaykumar Shah and two others - Riyaz Pathan and Gyanchand Harinam. The two had absconded hence the trial against them was separated.
August 2007 case
On August 11, 2007, Agine’s son Manas developed a fever and fainted thereafter. Agine admitted him to Vivek Maternity and Nursing Home, Ghatkopar. Dr Shah had checked the child and instructed the on-duty doctors about the treatment before leaving. Next day, the child passed away during treatment. The distraught father didn't allow to take the body for post-mortem and filed a death due to negligence complaint.
During his testimony in court, Agine alleged that hospital nurses had informed him that oxygen was not available and that the child must be shifted to another hospital, but the patient was declared dead when taken to the other hospital.
Pointing out that at 5.30am the child developed breathing difficulty and he was shifted to another hospital, Metropolitan Magistrate DT Patil said that a crucial hour was lost like this. The court also noted that Dr Shah had been called only once to give his opinion on the line of treatment and there is no evidence that the child’s condition was not stable when he visited him. It further pointed out that the child was under the care of another doctor and Dr Shah was not informed of his deteriorating health. “If he is not informed about the change in the health condition of the patient then he certainly is not in position to change the line of treatment and he can not be held responsible for the death of the patient,” the court stated.