Delhi High Court Quashes FIR Against Hospital, Gynaecologist For Leaving Cotton Mop Inside Woman's Abdomen During C-Section

The Delhi High Court has quashed an FIR alleging criminal medical negligence against a private hospital and its senior gynaecologist for leaving a cotton mop inside a woman's abdomen during her c-section surgery.

Justice Amit Mahajan said that at best, it was a case which could have delineated a civil liability and that the lapse did not warrant criminal liability.

The petition was filed by the hospital and doctor on the ground that the matter was amicably settled between the parties.

The case was registered on a complaint by the patient who alleged that an abdominal cotton mop was left inside her abdomen during the C-section, leading to severe infection, pus collection and the need for a second major surgery at another hospital.

The FIR invoked sections 336, 337 and 34 of IPC, relating to acts endangering life or personal safety and causing hurt by rash or negligent acts.

The patient told the Court that she had received compensation amount of Rs. 14 lakh and that she did not wish to pursue any proceedings arising out of the FIR.

Allowing the plea, Justice Mahajan noted that though serious allegations were levelled against the hospital and the doctor, however, they had duly appeared before the Disciplinary Committee of the Delhi Medical Council.

It further noted that the Medical Opinion of the Disciplinary Committee recorded that proper management protocol was followed in the post-operative period and timely, surgical referral was done by the hospital and doctor.

The Court also noted that it was concluded that though the doctor did not exercise due diligence which is expected from an ordinary prudent doctor, but the acts or omissions were not reckless or patently wanton to invite criminal liability.

Observing that the observations were confirmed later by the Delhi Medical Board, the Court said:

“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 said.

The judge quashed the FIR subject to payment of costs of Rs. 25,000 by the hospital and the doctor to be deposited with the Delhi Police Martyrs' Fund.

Title: VENKATESHWAR HOSPITAL AND ANR v. STATE OF NCT DELHI AND ANR

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