‘Patients Treated Like ATM Machines’: Allahabad HC Refuses to Quash Criminal Case Against Doctor

Eighteen years after a case was filed against a doctor who owned a nursing home for alleged medical negligence, the Allahabad High Court has refused to quash criminal proceedings against him.

The case dates back to July 28, 2007, when Dr. Ashok Kumar admitted a pregnant woman to his nursing home around 10:30 am. Although the family had consented to surgery for the delivery around 12 noon on July 29, the operation was delayed and conducted only after 5 pm, resulting in the death of the fetus.

According to reports, the woman’s husband was allegedly assaulted after refusing to believe that the baby had died.

Following this, an FIR was filed, a post-mortem was conducted, and the doctor’s statement was recorded. The Chief Minister’s Office constituted a medical board to investigate the matter. However, the woman’s husband alleged that the board neglected the post-mortem findings and failed to conduct a fair investigation, prompting him to file a protest petition.

After examining the evidence, the concerned Magistrate concluded that a prima facie case of medical negligence existed against the doctor. The medical board’s report was rejected, the husband’s protest petition was allowed, and summons were issued to the accused doctor.

The doctor then challenged the summons by filing a plea before the High Court.

Delivering justice to the family, the High Court bench, comprising Justice Prashant Kumar, noted that Dr. Ashok Kumar admitted the woman for surgery without having an anesthetist present. The operation was performed only after the anesthetist arrived, by which time the fetus was already dead.

Criticizing the doctor, the bench observed:"It is a common practice these days that private nursing homes and hospitals entice patients for treatment even when they lack doctors or proper infrastructure. Once admitted, they start calling for doctors. It is common knowledge that private hospitals have begun treating patients as guinea pigs or ATM machines, merely to extort money from them."

The court emphasized that while medical professionals acting with due diligence and caution deserve protection, this does not extend to those running nursing homes without adequate facilities, doctors, or infrastructure, solely for profit.

Justice Kumar also dismissed the doctor’s claim that the family had not given timely consent for the surgery.

Calling the incident a "pure misadventure", the court concluded that although the doctor received the family's consent, he failed to perform the surgery on time due to the absence of an anesthetist, resulting in the death of the fetus due to prolonged labour.

Furthermore, the court refused to rely on the medical board’s opinion, stating that not all relevant documents were presented to the board and that the findings appeared biased in favor of the doctor.