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Death of Panchkula teen in ’17: Doctor cleared of medical negligence charge.
Panchkula: The chief judicial magistrate of Panchkula, Ajay Kumar, dismissed a long-standing complaint of alleged medical negligence filed against Dr Rajesh Gera by a grieving father whose teenage daughter died in 2017.
The court ruled that there was no prima facie evidence to proceed against the doctor under Section 304A of the Indian Penal Code (causing death by negligence).
Mahipal, an auto-rickshaw driver and resident of Indra Colony, Sector 17, Panchkula, filed the complaint in 2018. His daughter, Nisha, was admitted to the govt Civil Hospital, Sector 6, Panchkula, where Dr Gera was treating her. According to the complainant, the doctor showed negligence in treating Nisha, leading to a deterioration in her health. She was later referred to Govt Hospital, Sector 32, Chandigarh, where she was declared dead due to cardio-respiratory arrest.
Mahipal alleged that critical diagnostic tests were not performed, and the patient was treated based on assumptions. He claimed that when Nisha’s condition worsened during the night, neither Dr Gera nor the nursing staff provided immediate medical attention.
The court noted that while the complainant presented several witnesses and including medical records and grievance documents
In complaints there was no direct evidence proving criminal negligence by Dr Gera. Importantly, a report by the National Human Rights Commission (NHRC) concluded that negligence occurred on the part of nursing staff, who failed to monitor the patient or alert the doctor in time.
The NHRC recommended a compensation of Rs 1 lakh to the complainant, highlighting lapses in nursing care. However, the Commission did not find evidence of misconduct by the treating doctor. The judgment also cited multiple Supreme Court rulings, including the landmark Jacob Mathew vs. State of Punjab case, emphasising that “criminal charges against medical professionals must be supported by strong, independent medical opinions”, not merely based on assumptions or unfortunate outcomes.
The court observed that besides the bald allegations levelled against the accused, there was nothing on record to show any culpable or gross negligence on the part of Dr Rajesh Gera. The court emphasised that while the loss of life is tragic, the legal threshold for criminal negligence was not met. Accordingly, the court dismissed the complaint.
Hence, the court did not find any prima facie case to summon the accused for facing trial for the commission of the offence, and the complaint filed on behalf of the complainant was dismissed.
For case specific advice, get in touch with Medical Negligence Lawyers Punjab and Haryana High Court District Court Chandigarh Panchkula Mohali Derabassi Kharar State Commission
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To file a medical negligence FIR against a doctor, you must first have a credible opinion from another doctor that supports the claim of negligence. Then, you can file a complaint with the police at the local station, which may lead to the registration of an FIR, especially if the incident involved a patient’s death, which could be registered under sections like of the Indian Penal Code. [1, 2, 3]
Step 1: Gather evidence
• Get a second medical opinion: Obtain a credible opinion from another competent doctor that supports your claim of medical negligence, such as proving rashness or a breach of the duty of care.
• Document all records: Collect all medical records, reports, and documents related to the incident. [1, 3, 4, 5]
Step 2: File a complaint with the police
• Go to the police station: Visit the local police station to file a complaint.
• Explain the case: Clearly explain the facts of the case, including the evidence of negligence you have collected.
• Request FIR registration: Ask the police to register a First Information Report (FIR). The police are required to register an FIR if the information discloses a cognizable offense. [1, 2, 3, 6, 7]
Step 3: Potential police action
• Preliminary inquiry: The police may conduct a preliminary inquiry to determine if a cognizable offense has been disclosed.
• FIR registration: If a cognizable offense is disclosed, the police must register an FIR.
• Arrest: A doctor cannot be arrested routinely. Arrests may be necessary for furthering the investigation or collecting evidence. [2, 3, 8, 9]
Important considerations
• Criminal vs. civil cases: Filing an FIR is the first step in a criminal case. You can also pursue a civil case for damages, or file a complaint with the Medical Council of India or a consumer court.
• Legal basis: Medical negligence cases are often investigated under sections of the Indian Penal Code, such as (culpable homicide by a negligent act) or (causing hurt/grievous hurt by a rash or negligent act).
• Bharatiya Nyaya Sanhita: The new Bharatiya Nyaya Sanhita (BNS) has a specific clause (Section 106) for medical negligence, which may lead to a penalty of imprisonment for up to two years and a fine. [6, 10, 11, 12, 13, 14, 15]
AI responses may include mistakes.
[1] https://www.youtube.com/watch?v=tF3XK4RHqRE
[2] https://www.japi.org/article/japi-72-3-87
[3] https://srjhs.org/doctors-in-conflict-with-the-criminal-law-a-records-review-of-gross-medical-negligence-cases-under-the-indian-penal-code/
[4] https://asiindia.org/medical-negligence-the-judicial-approach-by-indian-courts/
[5] https://downtownlalaw.com/practice-areas/medical-malpractice/investigation-into-unnecessary-procedures-causing-harm-to-patients-medical-malpractice-attorneys/
[6] https://www.delhimedicalnegligence.com/faq
[7] https://cdnbbsr.s3waas.gov.in/s37a68443f5c80d181c42967cd71612af1/uploads/2025/03/202503191846753126.pdf
[8] https://nmji.in/legal-mechanisms-and-procedures-in-alleged-medical-negligence-a-review-of-indian-laws-and-judgments/
[9] https://srjhs.org/doctors-in-conflict-with-the-criminal-law-a-records-review-of-gross-medical-negligence-cases-under-the-indian-penal-code/
[10] https://www.jsrohilla.com/can-a-patient-file-a-case-against-a-doctor-for-medical-negligence-in-india/
[11] https://ijme.in/articles/supreme-court-judgement-on-criminal-medical-negligence-a-challenge-to-the-profession/?galley=print
[12] http://www.manupatracademy.com/legalpost/medical-negligence
[13] https://nmji.in/legal-mechanisms-and-procedures-in-alleged-medical-negligence-a-review-of-indian-laws-and-judgments/
[14] https://mednlaw.com/defences-against-medical-negligence/
[15] https://devgan.in/bns/section/106/
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