High Court of Bombay Remands Medical Negligence Case for Re-Evaluation

Keywords: Bombay High Court, medical negligence, re-evaluation, Dr. Bhaskar P Shah, Ashirwad Heart Hospital, Dr. Herat Ramsinh Parmar, Ramsinh Umedsinh Parmar

In a significant development, the High Court of Bombay has remanded a medical negligence case against Dr. Bhaskar P Shah, head of Ashirwad Heart Hospital in Mumbai, back to the trial court in Vikhroli. The case has been sent back after the High Court found that the trial court had inadequately addressed critical evidence and testimonies in its initial judgement, which acquitted Dr. Shah. This decision necessitates a re-evaluation of the case, originally brought by Dr. Herat Ramsinh Parmar, a gynecologist, concerning the death of her father, Ramsinh Umedsinh Parmar, in 1993.

Case Background

Ramsinh Umedsinh Parmar, a diabetic and hypertensive patient, was admitted to Ashirwad Heart Hospital on March 24, 1993, after experiencing symptoms of a Transient Ischemic Attack (TIA). His daughter, Dr. Parmar, observed that he was perspiring and had difficulty balancing, among other symptoms. Cardiologist Dr. Jitesh Desai and neurologist Dr. V.G. Panchal diagnosed his condition and recommended ICU admission. Despite receiving care, Ramsinh Parmar’s condition deteriorated, and he passed away on March 26, 1993.

Initial Trial Court Judgment

In the initial trial, the Metropolitan Magistrate’s Court acquitted Dr. Shah of negligence charges. The court’s judgment emphasized that several doctors, including Dr. Shah, had examined and treated the patient, but no clear negligence was evident. It noted that the deceased had long-standing health issues and that the medical efforts made were consistent with standard practices.

Appeal and Arguments

Senior Advocate Aabad Ponda, representing Dr. Parmar, argued that the trial court had failed to thoroughly consider substantial evidence, including testimonies and medical documents. He highlighted several acts of omission, such as the failure to hook the patient to a cardiac monitor, ignoring the history of stroke, and administering harmful drugs.

Conversely, the counsel representing Dr. Shah contended that the trial court’s judgment was sound, emphasizing the patient’s pre-existing conditions and the comprehensive care provided. He argued that the trial court rightly distinguished between civil and criminal liability, noting that mere dissatisfaction with treatment outcomes does not constitute criminal negligence.

High Court’s Findings

Justice S.M. Modak, presiding over the appeal, found merit in Dr. Parmar’s arguments. He noted that the trial court’s judgment lacked detailed examination of the available evidence, particularly the testimonies of the involved doctors and the documentary evidence provided by Dr. Parmar. Justice Modak stressed the necessity of a thorough evaluation to ensure a just outcome.

Remand for Re-Evaluation

The High Court has remanded the case to the trial court, instructing it to start from the stage of hearing arguments from both sides. The trial court has been directed to complete the arguments within a specified timeline: 15 days for each party to present their case and seven days for replies. The trial court is expected to deliver its judgment promptly thereafter.

Next Steps

Both parties are directed to appear before the trial court on July 22, 2024. The High Court has also instructed the Registrar to ensure the prompt transfer of all relevant records to the trial court to facilitate the proceedings.

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