Pamela Dutta Death Case - FIR lodged against Dr. Anirban Mitra and others of Mitras Clinic u/s 304A/34 IPC
Siliguri Metropolitan Police had requested to constitute a medical board and for detail enquiry report on the part of negligence of Dr. Mitra of Mitra's Clinic on the death of his patient Smt Pamela Dutta.
In the enquiry report of Medical Enquiry Committee of CMOH it has been stated that there are some negligence act by Dr. Anirban Mitra of Mitra's Clinic and others of Mitra's Clinic Siliguri over the treatment and death of Smt Pamela Dutta.
Hence the committee has asked the police to start a specific case against Dr. Anirban Mitra of Mitra's Clinic and others of Mitra's Clinic under section u/s 304A IPC and arrange for its investigation.
Police has now filed an FIR under section u/s 304A/34. (FIR No 265/15)
Section 304A of Indian Penal Code, 1860 deals with Causing death by negligence. Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Section 34 of Indian Penal Code, 1860 deals with Acts done by several persons in futherance of common intention. When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.
(The deceased family members have given the copy of FIR and Medical Report on basis of which the above news have been written)
News of the death of Late Smt Pamela Dutta published on 13th March 2017 can be read below:
A house wife from Aurobinda pally area of Siliguri died after giving birth to a baby. The family members of the house wife including her husband Mr. Debobrata Dutta informed to the police and press that gross negligence has taken place by Dr. Mitra.
Wife of Debobrata Dutta Mrs. Pamela Dutta (23yrs) was admitted on 14th feb the Nursing home for delivery. On 15th feb the operation has been carried out and patient has given birth to a baby girl. How ever after 2 hours massive bleeding starts after the operation.
After 4 hours again the patient is taken for 2nd O.T without informing patient party. Later the family members came to know from doctor that her kidney is not functioning due to infection of bleeding.
But doctor said to keep her in observation for 48 hrs as this is not a major issue and patient will be all right by them.
Next day on 16th feb when patient party visits the nursing home they saw patient's urine has completely stopped and multiple organs were dis-functioning and no medical treatment and no consultation of senior doctors had been taken by them.
When patient party argued for this negligence they discharged the patient for better treatment.
Then the patient was taken to a private clinic at Matigara for further treatment where the officials of that hospital told them there were very less chance to survive but still they admitted her and with proper ventilation they did 10 dialysis till 5th March.
But on 9th March the patient died. The police officials has taken a general diary and said that after medical investigation F.I.R. will be taken.
Now the patient party wants justice for this wrong treatment by Dr. Mitra.
The deceased family met ILS today and have shared the above news with us. Earlier they have shared this with the press and local channels and all have published the news.
We will share the name of the nursing home and doctors full name once police accepts the FIR.