Criminal medical negligence
24 year old lady died on 14/12/2004 due to ANTIBIOTIC ABUSE. Injection Ampicillin intravenously was given without indication, without proper test dose and was also given fast even though it is mentioned on the vial that it should be given only in 10 to 15 minutes. The full dose was given at 11.A.M. on 14/12/2004 and the patient was NOT having blood pressure and pulse at 11.15.A.M. A case of causa causans and proximate cause.The charge now is under I.P.C. 304 Part II. The trial was cut short when the court recalled me. The charge was changed in the sense A 2 was made A 1 and vice versa as per Cr.P.C.217. Now the case is in the High Court of Kerala. The judgment is expected. The hearing was on 13/7/16. Criminal revision petitions 4/16 and 6/16 by A 2 and A 3 respectively are awaiting judgment before Justice Sunil Thomas.
I feel it comes under I.P.C. 302 based on I.P.C. 300 (3) since there is OBLIQUE INTENTION in administering Ampicillin to JUSTIFY the admission. The INTENTIONAL WRONGDOING is very clear since as per the original case sheet the patient was hale and hearty and NO antibiotic was needed.
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H.C. Kerala judgments: 21402/09, 1394/13, 296/14 and 1903/14.