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Allahabad High Court Refuses to Quash Negligence Case, Censures Private Hospitals

The bench upheld the criminal case against Dr. Ashok Kumar Rai following a five-hour surgery delay that led to a fetal death, dismissing the Medical Board’s opinion for lacking key evidence.

Photo: IANS
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Overview

  • The court dismissed Dr. Rai’s petition to quash a 2007 FIR filed under IPC Sections 304A, 315, 323 and 506 over alleged negligence in a delayed C-section.
  • Justice Prashant Kumar criticized private hospitals and nursing homes for admitting patients without adequate doctors or infrastructure and treating them as “ATM machines.”
  • The bench noted that consent for the C-section was given around midday but the surgery did not occur until 5:30 p.m. due to the non-availability of an anesthetist.
  • It invalidated the Medical Board’s earlier exoneration, finding its review inadmissible because crucial post-mortem and operating theatre records were omitted.
  • With criminal proceedings set to continue before the Deoria magistrate’s court, the ruling signals heightened judicial scrutiny of private healthcare accountability.