Introduction:

The Bombay High Court recently upheld the conviction of a septuagenarian doctor for negligence resulting in a patient’s death during surgery in 1984. Justice Bharati Dangre increased the fine on Dr. Anil Pinto from Rs. 5,000 to Rs. 5 lakhs, emphasizing his failure to promptly address complications during the procedure. Prakash Parekh, the patient, had sought treatment for hyperhidrosis, and the surgery led to critical complications. Dr. Pinto was held culpably negligent, with the court directing a substantial fine, a portion to be paid to the victim’s family.

Arguments:

The prosecution argued that Dr. Pinto’s delayed response to complications, damaging a vital artery, amounted to negligence. The defense contended that the surgery was necessary, and the delayed response was not tantamount to negligence. Expert testimonies were presented on the typical response to artery spasms and the accepted standard of care during such surgeries.

Court’s Judgment:

The court ruled that Dr. Pinto’s failure to inform the patient’s family about the surgery did not constitute negligence. However, it highlighted negligence in the delayed response to complications, leading to the patient’s death. The court disagreed with certain findings of the trial court, clarifying Dr. Pinto’s obligations. While Dr. Pinto’s decision to perform the surgery wasn’t inherently faulty, his actions during complications deviated from acceptable standards of care.