The Madras High Court has allowed a petition by a hospital at Vellore and four doctors seeking to quash proceedings pending against them before Judicial Magistrate, Vellore.
Joybell (50), a resident of Rajamaniyapuram in Thoothukudi district, was a regular patient at the CMC College and Hospital from 1994. She filed a complaint against the hospital in November 2005 alleging that the treatment given to her resulted in breast cancer.
Hospital's counsel submitted that the opinion and perception regarding an ailment and the manner of treatment would vary from one doctor to another.
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Justice C.T. Selvam said from a reading of the charge sheet it was clear that the primary allegation was against another doctor who was no more. The other doctors had followed up the treatment commenced by him. The contention that there was absolutely no material to find that the breast cancer suffered by the complainant was the direct effect of the treatment given to her by the doctors merited acceptance.