STAFF REPORTER MUMBAI
The Bombay High Court on Monday asked why only a cancer surgeon was held guilty in a case of medical negligence that led to the death of a woman, while the doctor who performed the surgery was not held accountab
le.
The division bench of Justices P B Majmudar and A V Mohta was hearing the appeal filed by Dr Praful Desai, a Padma Bhushan recipient, challenging the order of a single judge of the High Court who had directed him to pay a compensation of Rs 15 lakh to the patients family.
Former IAS officer P C Singhis wife Leela, who was being treated by Desai for cancer, died on February 25, 1989.
According to Singhi, his wife was made to undergo surgery upon Desais recommendation, whereas a doctor in the United States had said that no surgery was required.
Desais junior, Dr Mukherjee, performed the surgery, when Desai was not present.
Soon after, Leela developed complications and died.
Singhi claimed that there had been a breach of contract between the doctor and the patient; as Desai was treating Leela, he should have supervised the surgery.
The court said , ” How has the doctor ( Mukherjee) who performed the surgery been exonerated? This is interesting.
He ( Mukherjee) was the doctor who performed the surgery. Desai was just the head of the oncology department.” The matter would be heard on June 12.
