The Delhi High Court recently granted relief to a private hospital and its senior gynaecologist by quashing an FIR registered against them over allegations of medical negligence during a caesarean section surgery. The FIR accused the doctor and hospital of leaving a cotton mop inside the patient’s abdomen, which allegedly led to severe infection, pus formation, and the need for a second major surgery at another hospital. The Division Bench, comprising Justice, relied heavily on the findings of the Disciplinary Committee of the Delhi Medical Council (DMC).
The Court observed that the incident appeared to be unintentional and the result of an oversight, lacking the essential degree of rashness required to attract criminal liability. The Court noted that such an act, at best, could give rise to civil liability, not criminal prosecution. The FIR had been registered under Sections 336, 337,…
