Kerala High Court upholds charge against 3 doctors

Kochi: Kerala High Court on Monday observed that victims and their relatives in the medical negligence cases have rights in the criminal justice system.

The court also observed that the victims were not supposed to swallow all that was  being done by the investigating agency or the prosecution. They should never be treated as  mute spectators in judicial process, it said.

The court made the observations while refusing to interfere with a trial court order framing section 304 IPC (culpable homicide not amounting to murder) against three doctors in a case in which 24-year-old housewife died owing to alleged medical negligence.

Justice B. Kemal Pasha passed the order while considering a revision petition filed by Dr Rajan of Kayamkulam  and  Dr Girija and Dr Mathew Kunjummen of Eroor against the Mavelikkara additional sessions court order.

The prosecution case was that on December 14, 2004 a young woman  was admitted to Parabrahma Hospital and Research Centre due to abdominal pain.

The doctors at the casualty administered cyclopam injection and digene gel and she was asked to go home. She later had  pain and met a surgeon at the same hospital and when a test dose was given she developed respiratory difficulties.

There was no ventilator facility at the Parabrahma Hospital and Research Centre and she was later transferred to VSM  Hospital, Mavelikkara. However, she was declared brought dead.

The court observed that there was  a conscious attempt to postpone the trial of the case. The victim's mother, an 80-year-old cancer patient, wants to see the  disposal of the case during her life time, the court  observed.