The Delhi High Court quashed the FIR against a private hospital and a doctor in a medical negligence case, holding that the surgical mop left during a C-section was unintentional and bereft of the necessary mens rea to face criminal trial.
New Delhi: The Delhi High Court dismissed a criminal case against a private hospital and a doctor regarding allegations of medical negligence, wherein a cotton mop used during a woman’s C-section was inadvertently left in her abdomen.
This resulted in infection and pus, necessitating a follow-up surgery.
Following this incident, the woman lodged a criminal complaint against the hospital and the gynecologist.
An FIR was subsequently filed by the police under Sections 336 (rash or negligent act endangering human life) and 337 (causing hurt by rash or negligent act) of the Indian Penal Code.
In response, the hospital and the doctor sought relief from the High Court to quash the FIR, noting that the matter had been amicably resolved after the complainant received Rs.14 lakhs as compensation.
Justice Amit Mahajan remarked that while the situation warranted “unequivocal censure,” it was ultimately unintentional and did not meet the criteria for a criminal trial.
He stated,
“This Court is fully cognizant of the discomfort suffered by the patient due to the inadvertent retention of a foreign object in her abdomen, which is unquestionably a matter of profound concern and merits unequivocal censure, as medical professionals are entrusted with the exacting duty of care. Nevertheless, the record, specifically the medical opinion obtained, reveals that the incident was unintentional and due oversight, bereft of the necessary mens rea and such degree of rashness to attract the rigours of a criminal trial.”
The Court deemed that civil liability was appropriate rather than criminal liability, emphasizing that allowing the case to continue would result in unnecessary hardship for the hospital.
It also noted that disciplinary measures had already been implemented against the relevant doctor and nurse.
The observations of the Court highlighted that, at most, the circumstances could lead to civil liability.
Additionally, it recognized that disciplinary action had been taken against the nurse for failing to accurately count the number of mops, and that the issue had been resolved amicably with the compensation already received by the complainant. Continuation of the case, the Court concluded, would only lead to undue harassment for all parties involved and would constitute an abuse of the judicial process.
Following the discovery of the cotton mop, the doctor faced an inquiry by the Disciplinary Committee of the Delhi Medical Board, which found that the action did not amount to recklessness warranting criminal prosecution.
It further noted that proper management protocols had been adhered to in the post-operative phase, including prompt surgical action to remove the mop.
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The Court also took into account the complainant’s statement expressing satisfaction with the compensation and her desire not to pursue the case any further.
Consequently, the Court decided to quash the FIR, imposing a cost of Rs.25,000 to be paid to the Delhi Police Martyrs’ Fund within four weeks.
Advocates Petal Chandhok and Garima Raisinghani represented the petitioners (the hospital and doctor), while Standing Counsel Yasir Rauf Ansari appeared on behalf of the State, and Advocate Pardeep Dahiya represented the complainant.
Case Title: Venkateshwar Hospital and Anr Vs State of NCT Delhi and Anr
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