Court initiates trial against doctor after family alleges negligence

Gurgaon: A district court initiated trial against a doctor accused of medical negligence by the family of a 22-year-old woman who died during treatment at a private hospital around two years ago.Over the past 21 months, the woman's family claimed to have lodged multiple complaints against the doctor but the police didn't act on it and the medical board gave him a clean chit. An FIR was registered against the woman's family on a counter-complaint filed by the doctor."In April 2023, a false FIR was filed by Dr Rahul Lalit against the bereaved family of the late Simran Chhabra amid medical negligence allegations. The FIR was cancelled in June 2024 on the direction of the court," said advocate Nishant Bharihoke, counsel for the deceased's family.On January 21, 2023, Simran Chhabra went to Jagdamba Hospital around 1pm as she had fever, cough and body pain.According to Bharihoke, Simran developed complications while undergoing treatment, presumably due to an allergic reaction to the drug injected - Dynapar 75. Then, on the advice of the accused, she was taken to another hospital on Railway Road around 1.30pm, where she was declared dead.After months of running from pillar to post to get proceedings against the accused started, Simran's family faced disappointment when a district medical negligence board set up in June 2023 for inquiry into the case gave the doctor a clean chit in its interim report. Following this, the family challenged this report and inaction by the police in court.Judicial magistrate Deepanshu Sarkar, in his order dated September 4, observed that there were several discrepancies in the statements made by the doctor before the district medical board and the actual chain of events."Adverting to the discrepancies in the statements made by Dr Rahul Lalit before the inquiry board against the chain of events which could have taken place as per the material available on record, it shows that there is sufficient material on record for prima facie proceedings against the doctor for medical negligence under section 304A of IPC," the order read."Dr Rahul Lalit is directed to be summoned by the court to face trial for the commission of the offence punishable under section 304A of IPC," it added.Dr Rahul Lalit could not be reached for his comment.
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