Additional Sessions Judge (ASJ) T S Kashyap set aside the magisterial court's order and directed it to summon Dr Brijesh of IHBAS as accused of causing grievous hurt by his negligent act and endangering the life of the patient.
"Necessary record has been proved and therefore there was sufficient material on record for summoning the accused for negligence in administering the injections to the victim and therefore, prima facie case for summoning the accused for trial for offence under section 338 of the IPC is made out.
"The metropolitan magistrate has erred in taking contrary decision vide the impugned order," the sessions court said.
The ASJ's order came on an appeal by Shahdara resident Munni who had gone to IHBAS for treatment of her daughter who used to get fits.
The woman had alleged the doctors had asked her to get the magnetic resonance imaging (MRI) done and at that time two injections were given to her daughter Neeru Chauhan after which her left hand had turned blue and it had also swelled.
The case was referred by IHBAS to several government hospitals including AIIMS and Safdarjung Hospital where it was detected that the veins of the victim's left hand had been blocked due to wrong administration of injection which resulted into amputation of four fingers, she had said.
"Due to the rash and negligent act of the concerned doctor at IHBAS, the daughter of the revisionist (woman) has suffered and has become handicapped," the complaint said. (More)
