Free Medico Legal Advice | निःशुल्क मेडिको-कानूनी सलाह

Discussion in 'All Categories' started by Kislay Chowhan - Jun 19th, 2014 7:40 am.
Kislay Chowhan
Kislay Chowhan
I am working in Indian armed force and at present posted in Jammu and Kashmir. Few days ago I got a phone call from my house that My wife back home was suffering from severe pain abdomen and she was operated by a laparoscopic surgeon in Allahabad. Just three hour of surgery she died.

I immediately rush for my home town Allahabad but by that time my wife was dead although body was preserved by the family member.

Now when I asked the police for postmortem they said doctor has already given the death certificate so there is no need of postmortem. I asked the doctor about the cause of death then he said there was duodenal perforation.

I think police has favored the doctor. I want to ask that if death is in hospital and if a doctor has given a death certificate then if the family members want Postmortem should be performed or not. What are the condition of the death of a patient in hospital where postmortem is necessity and where it is not required.

With regard
Kislay Chowhan
re: Postmortem by ADITYA RAJESHWAR - Jun 20th, 2014 9:22 am
Dear Mr.Chowhan

Regarding postmortem law is very simple, It can be done in any case where the family has given consent for performance of postmortem. Even in the simple case of cardiac arrest, postmortem can be done, if family has given consent.

In your case it is clearly the negligence on the part of police, they can not refuse you to have postmortem done and they can not force you to accept the reason of death mentioned in the death certificate given by the same doctor, whose negligence according to you have caused the death of your wife.

Being aggrieved by this you can file an FIR against the same police officer under IPC sec-166 (Public servant disobeying law, with intent to cause injury to any person) and IPC sec 167 (Public servant framing incorrect document with intent to cause injury). In Indian Penal Code the term "Injury" is defined under sec 44 which does not mean only physical injury but also illegal harm to mind, reputation and property.

With Regards

re: Postmortem by Dr R K Mishra - Jun 21st, 2014 9:48 pm
Dr R K Mishra
Dr R K Mishra
If the family has any suspicion postmortem is necessary. I don't think any body should have objection in that.
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