New Delhi: A Delhi court has directed the police to carry out a comprehensive investigation into a medical negligence case involving allegations of treatment by unqualified doctors. The Deputy Commissioner of Police (DCP) has been instructed to personally supervise the inquiry and submit a detailed report within three months.
Protest Against Closure Report
The order came while Judicial Magistrate Gaurav Katariya was hearing a protest petition filed against the closure report submitted by Shalimar Bagh police station. The case was initiated on the complaint of Sapna Jain, whose child was born at Fortis Hospital, Shalimar Bagh, on August 12, 2017. The complainant alleged gross negligence, suppression of facts, and impersonation by unqualified professionals, which allegedly caused hypoxic brain injury, leading to cerebral palsy, epilepsy, and a permanent vegetative state.
Questions on Doctor Qualifications
The court noted that key issues were not properly investigated. These included whether one of the accused doctors was legally qualified to present himself as a neonatologist or super-specialist, and whether another, holding only an MBBS degree, had impersonated a specialist. The court stressed that such allegations warranted careful examination given their seriousness.
Suspected Record Manipulation
The magistrate further pointed out that the investigation must cover allegations of falsification and fabrication of medical records, including suppression of resuscitation notes. Other areas requiring scrutiny include the cause and timing of brain injury—whether it occurred before, during, or after birth—and a review of why essential brain screening tests were not conducted. Statements from all doctors and nursing staff involved are also to be recorded.
Need for Thorough Investigation
Highlighting the gravity of the allegations, the court said the closure report was filed “without a comprehensive investigation.” It directed the DCP to re-examine other negligence complaints against the hospital and doctors and to obtain a fresh medical opinion from an expert board. “Given the seriousness of unqualified practice, falsification, and concealment, a detailed probe is essential,” the court said, while mandating a fresh report within three months.
