1 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY Appellate Side Criminal Writ Petition No.889 of 2009 Mr.Sanjay Kumar Mourya s/o. Ramsevak Mourya Petitioner Vs. The State of Maharashtra & ors. Respondents Mr.K.K.Mishra i/b. Mr.A.M.Saraogi for petitioner. Mrs.M.M.Deshmukh, APP for State. Mr.A.A.Kumbhakoni with Mr.R.S.Tanna for resp.no.2. CORAM: B.H.MARLAPALLE & R.Y. GANOO,JJ. December 3, 2009. P.C. 1. We have heard the learned counsel for the petitioner. As per the petitioner his wife was admitted in Cama and Albless Hospital for her delivery on 18/9/2006 and post delivery she was operated upon in the said hospital. He alleges that during the operation as well as thereafter the doctors were negligent and as a result, the blood circulation to her legs has severely affected her movements and she is not able to walk. He, therefore, approached the Azad Maidan Police Station and lodged a complaint. No effective steps were taken and, 2 therefore, he has approached this Court by this petition under Article 226 of the Constitution seeking directions to investigate the entire incident in respect of negligence on the part of respondent no.2 who was the attending doctor in the said hospital as well as the failure on the part of respondent no.1 i.e. the Inspector In-charge of the Azad Maidan Police Station. 2. Shri Babasaheb Desai, Assistant Police Inspector presently attached to Dongri Police Station, Mumbai has filed affidavit-in-reply. He states that he was at the relevant time attached to the Azad Maidan Police Station and, therefore, he is aware of the complaint lodged by the petitioner and the investigation was done on the basis of his complaint dated 2/10/2006. On 4/10/2006 API Kale had issued a letter to the Cama and Albless Hospital requesting them to provide the medical papers and he proceeded to record the statements of some of the patients who were also admitted at the relevant time. The petitioner’s statement was recorded on 7/2/2007. Along with the affidavit a copy of the report dated 14/11/2006 submitted to the Dean, Sir J.J. Group of Hospitals, Mumbai has been placed on record. It appears that after the police approached the Cama Hospital in response to the complaint 3 filed by the petitioner, the Dean of Sir. J.J. Group of Hospitals vide his letter dated 12/10/2006 constituted a Committee of three doctors so as to investigate into the allegations made by the petitioners and more particularly the allegations of negligence made against respondent no.2 – Dr. (Mrs.) Sadhana Tayade, Unit Incharge & Superintendent of Cama & Albless Hospital. The said Committee consisted of (1) Dr. S.A. Potwar, Professor and Head, Department of Cardiovascular Thoracic Surgery, Grant Medical College, Mumbai, (2) Dr.Badlwar, Professor and Head, Department of Gynecology, Dr.D.Y. Patil Medical College, Navi Mumbai and (3) Dr. H.H.Jadhav, Medical Superintendent, G.T. Hospital, Mumbai. The report states that the abovesaid Committee recorded the statements of following Doctors who were responsible in the management of the case i.e. the petitioner’s wife, (i) Dr.(Mrs.) Sadhana M. Tayade (ii) Dr.D.D.Dongaonkar, Professor of Gynecology (iii) Dr.S.S.Rajput, Associate Professor of Surgery, G.T. Hospital, Mumbai. (iv) Dr.Archana Akhade, R.M.O. Cama Hospital, Mumbai. (v) Dr.Vaishali Gaikwad, Junior Resident (vi) Dr. Priyanka Deshmukh, Junior Resident 4 It appears, Dr.D.D. Dongaonkar could not be contacted as she was out of India at that time. 3. As per the report the petitioner’s wife Pooja, aged about 24 years was admitted on 18/9/2006 at about 5.20 a.m. at Cama Hospital with labour pain and she was Primi-Gravida. She was immediately attended by duty doctors and found to be in the IInd stage of labour with severe foetal distress with thick meconeum staining. The Chief Resident and Neonatal Resident were informed in time to manage the distressed baby. The patient was delivered by adequate episiotomy at 5.54 a.m. on 18/9/2006 and the baby shifted to NICU as he did not cry immediately after birth. The patient started deteriorating after 3 ½ hours and, therefore, Dr. Tayade immediately attended to her and resuscitation of the patient was carried with blood transfusion + CVP line etc. After one hour of resuscitation patient’s blood pressure was 70 systolic. Vaginal bleeding was also noted and, therefore, surgical preparations were made by obtaining the consent of the petitioner. The Vascular Surgeon was called urgently and Dr.S.S. Rajput was one of the doctors who attended. He performed the operation and thereafter all 5 peripheral pulsions were normal in the left leg. In the post operative period due care was taken by the concerned unit i.e. Orthopedic Surgeon for pain in legs. After going through the complaints of the patient and her husband, the Committee made the following observations: “(i) Rupture uterus due to fundal pressure:- After going through the records and version of the treating doctors, it was found that there was no time to apply fundal pressure and the uterus ruptured due to prolong IInd stage of Labour. (ii) Applying Artery on illiac vessel:- It has been observed that CVTS Surgeon was called for ligation of internal illiac artery in view of profuse bleeding due to rupture uterus. It is a known procedure to control hemorrhage in such situation. As per the assessment of CVTS surgeon, as the bleeding was controlled, there was no necessity of internal illiac ligation. During the operative and post operative course there is no compromise of vascular supply showing any Ischemic changes of left lower limb. The pain in the left lower limb cannot be related to this episode. She is a old case of pes caves and she was already taking treatment from orthopedic surgeon for pain in the leg for last one year. 6 (iii) Information to the patient and her husband:- As per the above complaints we have found that adequate informed consents were taken to carry out the surgical procedure and their signature were obtained on concerned forms.” Finally the Committee concluded its findings as under: “After going through all this event, the committee would like to conclude that Mrs.Pooja S Morya was admitted to labour ward in IInd stage of labour and foetal distress due to prolong IInd stage. She was delivered pre vaginum within ½ an hour. After around 3 ½ hour patient started deteriorating for which she was promptly managed by surgical intervention for rupture of uterus with broad ligament haemotoma by Gynecologist and CVTS Surgeon. During the course of labaour, operative and post operative management there was no negligence or delay in management of patient.” 4. We have, therefore, noted that after the complaint was lodged, due investigation was ordered promptly and a Committee of three Doctors from three different hospitals was constituted, the said Committee has gone through all the details including the complaints of the petitioner and submitted the report which states that there was no element of 7 negligence on the part of any doctor who attended to the petitioner’s wife, leave alone respondent no.2. 5. Hence there is no case to entertain this petition for the reliefs prayed for. The petition is rejected. (R.Y.GANOO,J.) (B.H.MARLAPALLE,J.)