The Supreme Court on Monday quashed the criminal proceedings against an anaesthetist accused of medical negligence, which allegedly led to the death of a patient following a heart attack in 2002, saying her “actions were far too remote from the ultimate cause of death”.
A bench of Justices Pankaj Mithal and P B Varale noted that Supriya Kumari M K completed her shift at 5 pm and left only after ensuring the patient was stable, and when the emergency arose at 8 pm, other doctors on duty, including an on-duty anaesthesiologist, were physically available at the hospital.
The bench said, “Legally, an anaesthetist whose duty hours have concluded cannot be held criminally liable for a subsequent procedural error committed by a staff nurse. Even if the prosecution’s case is taken at face value, the fact that the appellant suggested a painkiller over the phone, such an act constitutes standard medical advice for post-operative pain, not gross criminal recklessness.”
“The failure of the nurse to accurately locate the epidural space might represent a deficiency in service (civil liability), but it fundamentally lacks the gross culpability or mens rea required to invoke Section 304-A IPC.”