Cosmetic Surgery Mishap: Kerala High Court Permits Hospital To Reopen Under Strict Conditions

The Kerala High Court has permitted the reopening of Cosmetiq Hospital in Kazhakkuttam, which had been shut down following a tragic case where a woman allegedly lost her fingers and toes after undergoing a cosmetic procedure at the facility.Justice V.G. Arun issued the order while considering a plea filed by the petitioner, Dr. Bibilash B.S., the proprietor and plastic surgeon at Cosmetiq Hospital, claiming that due to closure it is not possible to even continue the post-surgical treatment to the patients.The closure came after Thumba police registered a case against the hospital under Section 125 of the Bharatiya Nyaya Sanhita, 2023 (an act endangering the life and personal safety of others).The case was registered on the allegation that following a fat grafting surgery undergone by a patient named Neethu, she had to be shifted to a multidisciplinary hospital for intensive care and reportedly underwent amputation of her fingers and toes due to severe infection. The incident reportedly sparked public outrage and raised concerns about unregulated cosmetic procedures and hospital safety standards.In response, the authorities issued a prohibitory notice under Section 168 of the BNSS, effectively shutting down the clinic to prevent further such incidents.However, during the High Court proceedings, the hospital submitted that it possessed valid licenses from all relevant authorities. Counsel for the petitioner also gave an assurance that no further surgeries or treatments would be carried out in violation of any license condition.Taking note of this undertaking, the Court directed the Assistant Commissioner of Police, Cybercity Subdivision, to lift the prohibition imposed. The hospital has been allowed to function, but strictly within the framework of the Kerala Clinical Establishments (Registration and Regulation) Act, 2018, and all applicable license conditions.The Court cautioned that any violation of these terms could lead to renewed action and may also invite contempt proceedings.Counsel For the Petitioner: Advocates Gayathri R., S. Jayant, Smt. Abhiremya Raj R.B., and Govind V.P.Counsel For the Respondents: Sri M.C. Ashi, Public ProsecutorCase No. CRL.MC NO. 4227 OF 2025Case Title: Dr Bibilash B. S v. State of Kerala and Ors.Citation: 2025 LiveLaw (Ker) 334Click Here To Read/ Download Order

Cosmetic Surgery Mishap: Kerala High Court Permits Hospital To Reopen Under Strict Conditions

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