Sanjay Ambastha v. State of Chhattisgarh and Others

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Online)(Chh) 2763

CHHATTISGARH HIGH COURT
Goutam Bhaduri, J.
Sanjay Ambastha v. State of Chhattisgarh and Others

Table of Content
1. negligent treatment leading to death. (Para 1 , 2)
2. court cannot adjudicate on necessity of medical treatment. (Para 5)
3. medical negligence standards; criminal liability threshold. (Para 6 , 7)
4. context of health system challenges during a pandemic. (Para 8)
5. court's refusal to investigate procedural violations. (Para 9 , 10)

1. Heard.
The facts as pleaded, the petitioner's mother, aged about 69 years, was admitted to hospital named Ram Krishna Care Medical Science Pvt. Ltd. on 22.09.2020 with an infection of Jaundice and no symptom of Covid - 19. Subsequently, she was put in a Covid ward after she was tested covid positive at the time of admission. It is stated that the mother was administered with Remdesivir Injection and due to wrong treatment of administrating injection her health got deteriorated from 26.09.2020. Subsequently after deterioration Remdesivir injection was stopped. Further, on 29.09.2020 RTPCR test was conducted wherein she was found covid negative but still she was kept with the covid patient and on 02.10.2020 the mother of the petitioner died due to post covid complication. Further, it is stated that the dead body was delivered to the petit