Booked for negligence, docs approach HC, but no respite

In yet another case of medical negligence, a doctor couple from Pune has approached the Bombay High Court challenging the criminal investigations initiated against them. The HC, however, refused to grant any respite to them.

The doctors — Umesh Tamhane and Kusum Tamhane — were booked by Hadapsar police in January 2017 under charges of culpable homicide not amounting to murder. The couple was booked after an First Information Report (FIR) was filed by Abhijeet Kadam. He has alleged that his wife Vidya (30) died due to the negligence of Tamhane couple, who runs the Sanjeevani Hospital in Hadapsar, Pune.

According to Kadam, his wife complained of lower stomach ache and was taken to Sanjeevani hospital for treatment. He has alleged that his wife was not given proper medical treatment and this led to deterioration of her health and to her death.

On the other hand, the doctors have trashed the allegations and have challenged the investigations on the ground they have already got a clean chit.

Noted advocate Raja Thakare, appearing for the doctors, informed the Division Bench of Justice Ranjit More and Justice Sarang Kotwal that an experts committee of the Sassoon Hospital had given clean chit to his clients.

He said, “The incident took place in August 2016 but the FIR was lodged in January 2017. There is no answer to this delay.”

“Despite a clearance from the experts committee, how can the police seek my client’s custody on the ground of medical negligence?” Thakare added.

Accordingly, Thakare urged the Bench to quash the FIR lodged against his clients at the instance of Kadam.

After hearing the submissions for some time, Justice More said, “For the time being, we are not of the view to stay the investigations. We want to her the respondents (police and Kadam) on this issue.”

Posting the matter for further hearing after three weeks, Justice More issued notices to Hadapsar police and Kadam and has directed them to respond to this petition.

The couple was booked after an FIR was filed by Abhijeet Kadam. He has alleged that his wife Vidya (30) died due to the negligence of Tamhane couple, who runs the Sanjeevani Hospital in Hadapsar, Pune