A court in Panvel has delivered a significant verdict in a case of medical negligence, sentencing a 52-year-old homeopathic practitioner to three years of rigorous imprisonment for treatment that led to the death of a 25-year-old patient. The court also imposed a fine of Rs 1.10 lakh on the accused, Mohammed Arif Dakhave.
The Fatal Treatment and Legal Charges
The case dates back to November 10, 2016, when Ravindra Patil, suffering from shivering and fever, was taken to Dakhave for treatment. The accused, who held only a Bachelor of Homeopathic Medicine and Surgery (BHMS) degree, administered an allopathic injection (Voveran) to the patient. This act was in direct violation of the law, as he was not authorised to practice allopathy or administer such injections.
Patil's condition did not improve, and his family took him to three other hospitals over the following days. Despite further medical care, he passed away on November 29, 2016. The grieving family subsequently filed a complaint at the Vashi police station, alleging that an infection developed after Dakhave administered the injection.
Court's Observations and Expert Opinion
In the order passed on December 1, Additional Sessions Judge Dinesh E Kothalikar noted that the prosecution had proved its case beyond reasonable doubt. The court stated that while the act may not have been done with the knowledge that it would cause death, it exhibited "a gross lack of competence and inaction and wanton indifference to the safety of the deceased."
As per procedure, medical experts were consulted. The civil surgeon of Alibaug highlighted two critical failures: the practitioner lacked the required Community Medical Service & Essential Drugs certification, and the injection administered should have been properly sterilised before use. During the investigation, Dakhave claimed to have sterilised the injection but could not explain the complications.
Verdict and Compensation for the Victim
The court found Dakhave guilty under Section 304A (causing death due to negligence) of the Indian Penal Code and Section 33 of the Maharashtra Medical Practitioner Act, 1961. The sentence was suspended to allow the accused to file an appeal.
In a move to provide some solace to the victim's family, the court directed that the fine amount recovered from Dakhave be paid to Patil's mother. Furthermore, the court instructed the District Legal Services Authority, Raigad, to take steps to grant separate compensation to the family.
This ruling underscores the legal boundaries of medical practice and the serious consequences of transgressing them, especially when such actions lead to the loss of life.
