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Missing diagnosis is not grievous hurt?
New Delhi , August 27, 2018 ;
Section 337 in The Indian Penal Code: Causing hurt by act endangering life or personal safety of others.—Whoever causes hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.
Section 338 in The Indian Penal Code: Causing grievous hurt by act endangering life or personal safety of others.—Whoever causes grievous hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both.
In Pune a baby was born with deformity, missed on ultrasound. Patients prenatal check-ups were done at Ashwamegh Nursing Home. None of the doctors notified that the baby had a deformity. When the baby was born on November 4, 2016, the baby was born with deformities in his right leg, left hand and had no passage for urine. The father went to the then commissioner of police Rashmi Shukla.
Where is the grievous hurt by the doctors. Charging doctors with all sorts of IPC provisions is not in the interest of the society. It is a well known fact that difference of opinion nor error of judgments is not negligence.
Dr K K Aggarwal
President Heart Care Foundation of India
