Closer than we knew

Chapter 2

Library

The next day, Sitara walked into the library with her notes and laptop, feeling a mix of determination and nervousness. She spotted Salar already at a table with piles of books surrounding him. His expressions were serious as he took notes. 

"Hey", she said as she took a seat across from him. "Looks like someone came prepared."

"Of course, I had to or else I would have to bear your lecture". He said making sad faces.

"Very funny," she said mockingly.

He smiles and replies, "Okay, have a look I gathered a few cases that might be helpful for this particular case"

She looked amused and asked, "So you actually did some research?"

"I can be serious when it's necessary", he replied while brushing his hair.

Sitara nodded feeling a bit comfortable and continued, "That's great, so let's get started. This case is more complex than I thought."

The case involved the rare disease ROHHAD, which had no known cure, but Dr. Ridhi had prescribed an experimental drug for Mrs. Pathak which was initially intended for Huntington's disease. Mrs. Pathak improved temporarily, but after being discharged, her condition worsened which resulted in her death.

"I think it's clear Dr. Ridhi breached her duty of care," Sitara began, "We need to prove that her actions were negligent and she is liable under Section 304A of Pakistani Penal Code(PPC) for causing death by negligence. She should have monitored Mrs. Pathak after starting that experimental treatment as she was not an ordinary patient. We should focus on that breach of duty."

"You're not wrong but it's not as simple as 'she was negligent, case closed.' We also need to establish that the doctor's negligence was the "direct" cause of Mrs. Pathak's death. One could argue that ROHHAD is such a rare and unpredictable condition that it's challenging to determine if any doctor could have provided better care" Salar said while playing with a pen.

"Are you saying doctors should get a free pass just because a disease is rare?" she asked raising her eyebrows.

"No, I am not saying she gets a free pass but the defence could argue that she acted within the scope of accepted medical practices for such a rare disease. Moreover, she explained to the patient's family about the risks involved. It's not like she acted recklessly." Salar replied calmly.

Sitara huffed, leaning forward, both her arms resting on the table. "But that's where you're wrong. The family members weren't given all the information. They were told the drug had cured a considerable percentage of people with the same disease, not that it was experimental and involved potential long-term risks. That's a breach of "informed consent". You can't make life-altering decisions for a patient without full disclosure."

Salar chuckled and replied, "Wow, that almost sounded like a lecture."

Sitara gave him a look and Salar replied, "Ok Fair enough, I am not saying you are wrong."

"Of course, I'm always right," she said, raising her shoulders proudly.

"Sure but we both know that's debatable." He replied with a playful smile on his face.

"Don't get too comfortable. I am making sure we are not out of competition in the preliminary round itself with your grey area arguments" Sitara says.

Salar smiled, unfazed. "Look, I get it. Dr. Ridhi should've been more careful. However, if we only focus on "negligence" without considering the unique nature of ROHHAD, its going to be a big challenge for us to counter the arguments of the defence. We need to ensure that we cover all angles and establish the narrative that although the disease is complex, Dr. Ridhi acted inappropriately by discharging Mrs. Pathak too soon."