Panvel Court Finds BHMS Practitioner Guilty of Criminal Negligence
Mumbai: In a significant ruling on medical accountability, a Panvel court has sentenced a homoeopathic doctor to three years of rigorous imprisonment and imposed a fine of ₹1.10 lakh after holding him guilty of medical negligence that resulted in a patient’s death in 2016. The doctor, a BHMS-qualified practitioner, had allegedly administered an allopathic injection—an act he was not legally authorised to perform.
Conviction Under IPC and Maharashtra Medical Practitioner Act
The 52-year-old doctor was convicted under Section 304A of the Indian Penal Code (causing death by negligence) and Section 33 of the Maharashtra Medical Practitioner Act, 1961. The court held that although the accused may not have intended harm, his decision to administer an allopathic drug without proper qualification demonstrated serious incompetence.
Court Observes Gross Negligence and Lack of Competence
While delivering the judgment, Additional Sessions Judge Dinesh E. Kothalikar noted that the doctor’s conduct reflected “gross lack of competence and wanton indifference” to patient safety. The court observed that administering the Voveran injection, despite lacking the authority to practice allopathy, played a direct role in the patient’s deteriorating condition and eventual death.
Case Origin: Patient’s Health Worsens After Injection
According to an Indian Express report, the case dates back to November 10, 2016, when the patient, suffering from shivering and fever, was taken to the accused for treatment. Family members alleged that soon after receiving the injection, the patient developed an infection. As his health continued to worsen, he was shifted to three different hospitals over the next 19 days, but he died on November 29, 2016.
Complaint and Medical Expert Opinion Strengthen Case
Following the patient’s death, a complaint was filed at Vashi police station, accusing the doctor of negligence. As part of the investigation, the civil surgeon of Alibaug submitted an expert opinion stating that the practitioner lacked the required qualification—including a Community Medical Service & Essential Drugs certificate—and that the injection administered should have been properly sterilised before use.
Doctor Claims Proper Sterilisation, but Lacked Legal Authority
During interrogation, the accused stated that he had sterilised the injection correctly and could not explain the complications. However, investigators found that he did not possess the certification or authority required to administer allopathic injections. This became a crucial factor in establishing negligence.
Trial Examines Testimonies of Multiple Treating Doctors
During the trial, other doctors who treated the patient after his visit to the homoeopathic practitioner were examined as witnesses. The defence argued that there was no conclusive proof that the accused had administered the injection. The court rejected this claim, noting that the sequence of medical evidence and witness statements clearly established his involvement.
Compensation Ordered for Victim’s Family
Apart from the sentence, the court directed that the fine recovered from the accused be handed over to the victim’s mother. It also instructed the District Legal Services Authority, Raigad, to initiate steps for providing additional compensation to the family, marking a comprehensive judicial response to medical negligence.
