The Association of Medical Consultants, Mumbai, claims that the police violated the fundamental principles of deciding medical negligence as laid down by the Supreme Court
The victim, Dr Archana Sharma; (right) Dr Nilima Vaidya Bhamare, president, Association of Medical Consultants and an obstetrician and gynaecologist
The Association of Medical Consultants, Mumbai has written a letter to the chief minister of Rajasthan, condemning the police action of registering a murder case against an obstetrician and gynaecologist, Dr Archana Sharma, compelling her to die of suicide.
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A pregnant woman, under the care of Dr Sharma, had died of postpartum haemorrhage, after which a murder case was filed against Dr Sharma.
The association, which is a registered body with over 13,000 private medical practitioners, claims that the police violated the fundamental principles of deciding medical negligence, as laid down by the Supreme Court in its Jacob Mathew case judgment. It mandated a reference to a medical board before filing any case against a doctor and had raised concern about such arbitrary and coercive police action.
Case filed under pressure
Dr Nilima Vaidya Bhamare, President of the Association and also a practising obstetrician and gynaecologist said, “We are aghast by the manner in which our fellow colleague (Dr Archana Sharma) was accused and humiliated by people with a vested interest in Lalsot, Dausa district in Rajasthan. Dr Sharma was accused of committing ‘murder’ by local influential thugs, and the worst, the local Lalsot police, who under due pressure, even registered an offence under section 302 against her, for an offence she had never committed.”
“Dr Sharma had agreed to handle the complicated case of the pregnant woman when other hospitals had refused admission. She did her best to save the woman even when she developed postpartum haemorrhage (also called PPH, when a woman has heavy bleeding after giving birth, a serious complication). The woman had earlier delivered twin girls in the same hospital, run by Dr Sharma, a couple of years ago,” said Dr Bhamare.
“Even after the demise, the family had no objection, rather they took the body for final rites to their village. However, they later returned with the body, along with the instigators and a mob of hundreds of people, demanding action against the hospital and Dr Sharma,” said Dr Bhamare.
“Our first reaction was that we will be scared to take any complicated cases and it is not worth risking our and our family’s lives. We must understand that PPH is a post-delivery complication and it is not due to negligence on the part of the treating doctor. Dr Sharma had given up a plump posting in a government hospital and started practice in a smaller town with the aim of giving quality medical care to women there. Unfortunately, the locals who had witnessed all the good work done by Dr Sharma and Dr Suneet Upadhyay, a practising psychiatrist, and managing director at Anand hospital, did not come forward to support them,” said Dr Bhamare.
When asked if the chief minister of Rajasthan had reverted to their letter, Dr Bhamare said no, stating, “We are in touch with various medical associations in Rajasthan and this is a case of violence against humanity. We are demanding a central toll-free number ‘save the saviours’ so that in case of similar situations, doctors and medical staff won’t be hacked to death or forced to end their life by a mob with vested interests.”
IMA condemns incident
Dr Santosh Kadam, vice president, Indian Medical Association (IMA) Maharashtra, “This is a classic example of contempt of court by the Rajasthan police and all concerned officers who worked in connivance with the protesting parties demanding coercive action of registering a case of murder against the treating doctor. They all should be tried for not only contempt of court but also for abetting suicide under section 306 of the Indian Penal Code. If police without application of mind, start registering offences of murder for any death under medical care, then no doctor will be able to practice or treat dire emergency cases.”
CM tweets in support
Amidst the nationwide protest by doctors’ associations, Rajasthan Chief Minister Ashok Gehlot tweeted, “The suicide of Dr Archana Sharma is deeply saddening. We consider doctors as gods. To save the life of patients, every doctor tries their best, but in case of any mishap, it is not justified to blame the doctors.” The CM has assured a thorough investigation and appropriate action.
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