The Orissa High Court has directed the Cuttack police and the Director of Medical Education and Training (DMET) over a case of medical negligence. The case involves Md. Aftab, a 12-year-old boy who died after his gallbladder was mistakenly cut during surgery at a private hospital. The court directed inquiries and affidavits from relevant authorities by March 4, stressing the importance of accountability and swift action in such cases.
Cuttack: Recently, the Orissa High Court has directed a police station in Cuttack for its failure to register a complaint of alleged medical negligence for four years. Additionally, the Director of Medical Education and Training (DMET) was censured for not forming a medical board and providing expert opinion on the case even after 32 months.
Background
The case involves Md. Aftab, a 12-year-old boy who tragically passed away after his gallbladder was mistakenly cut during surgery at a private hospital. The court took action following a petition filed on February 16 seeking intervention against the inaction of the Purighat police station in Cuttack.
Justice Chittaranjan Dash, presiding over a single-judge bench, directed the Secretary of the Health Department and the director General of Police to conduct inquiries and submit affidavits by March 4.
Justice Dash observed, “A greater concern noted from the report is with regard to the manner in handling the entire case by the authorities responsible. It is apt to mention that the allegation in the FIR reveals the death of a child occurred apparently due to medical negligence wherein the poor father had to run from pillar to post to save his son’s life.”
The petitioner, Akif Razaque Ghazi, the father of the deceased, filed the petition on April 12, 2022, with representation by Advocate Akshaya Kumar Pandey.
Reviewing the report filed by the inspector in charge of Purighat Police Station on February 13, 2024, the High Court expressed concern over the delayed registration of the complaint, highlighting a lapse of four years. Justice Dash emphasized the nature of the case, where a child’s death allegedly occurred due to medical negligence.
However, Justice Dash said, “The IIC’s report reveals that pursuant to the registration of the FIR after about four years, an empathy was shown by the deputy commissioner of police, Cuttack, who through a letter on June 25, 2021, solicited a report from the DMET requesting to form a medical board to study the medico- legal report of the deceased Md Aftab at a private hospital.”
The inspector and investigating officer, Jatindra Nath Sethi, stated that the non-receipt of the medical board report from DMET as a reason for the lack of progress in the investigation. However, Justice Dash noted that while the FIR was registered after four years, the deputy commissioner of police in Cuttack had solicited a report from DMET to form a medical board.
