Lucknow: A Lucknow court dismissed a revision petition seeking criminal proceedings against three doctors accused of medical negligence in the death of a woman following a caesarean delivery, observing that the complainant failed to produce any independent medical expert evidence to support the allegations.Additional District and Sessions Judge Niraj Kumar Baranwal rejected the plea filed by Ajesh Kumar, whose wife, Aarti Shilpkar, died on Jan 12, 2013, five days after undergoing a C-section at a private maternity clinic.In his complaint, Kumar alleged that gynaecologist Dr Neelima Singh, anaesthetist Dr Arvind Kumar Awasthi and Dr Rakesh Kumar performed the surgery without obtaining proper informed consent, failed to carry out mandatory pre-anaesthetic and cardiac assessments, and that these lapses led to Aarti suffering a cardiac arrest and subsequently dying.According to the petition, Aarti wasunder treatment at the clinic since Aug 2012 and was admitted on Jan 7, 2013, after going into labour. Kumar alleged that signatures were taken on blank forms before an emergency caesarean section was performed. Following complications, she was shifted to another medical facility and later referred to Dr Ram Manohar Lohia Hospital, where she died.The doctors denied the allegations and maintained that Aarti was admitted with an obstetric emergency requiring immediate surgery. They told the court that written consent wasobtained from her husband, emergency pre-anaesthetic checks wereconducted, and all standard medical protocols werefollowed.“The patient developed sudden seizures and cardiovascular collapse due to pregnancy-related complications and was promptly shifted for advanced treatment,” said Pranshu Agarwal, counsel for the doctors.The court observed that the death of a patient by itself does not establish medical negligence and held that the criminal prosecution of doctors requires credible evidence of gross negligence. Finding no expert opinion to substantiate the allegations, it dismissed the revision petition.
