Kolkata: The Calcutta High Court has quashed criminal proceedings against a Kolkata-based gynaecologist accused of medical negligence during a caesarean delivery, holding that the scalp injury suffered by the newborn was an inadvertent complication that was properly managed and did not amount to criminal negligence.
Court Finds No Evidence of Medical Negligence
Granting relief to the doctor, Justice Chaitali Chatterjee Das observed that the newborn sustained a scalp injury during the caesarean delivery process, but the injury was promptly treated and the baby was discharged in a healthy and satisfactory condition. The Court noted that the complainant did not raise any grievance regarding post-operative care, wound management, or the child’s health condition after discharge.
The High Court also considered the fact that the complainant couple had previously entrusted the same doctor and hospital with the delivery of their first child, despite alleging a similar injury during that earlier birth. According to the Court, this reflected the family’s continued confidence in the treating doctor and weakened allegations of negligence.
Background of the Case
The case arose from a police complaint filed against the gynaecologist and another doctor following the caesarean delivery of a newborn at Woodland Multispeciality Hospital in Alipore. The complainant alleged medical negligence and mismanagement after noticing a scalp injury on the baby’s head.
Following the complaint, an inquiry was conducted by the Deputy Director of Health Services, West Bengal, and a charge sheet was filed against the doctor under Section 338 of the Indian Penal Code for causing grievous hurt by a negligent act.
Separately, the matter was referred to the West Bengal Medical Council, which conducted a detailed inquiry. After examining witness statements and medical records, the Council concluded that the scalp injury occurred inadvertently during the surgical procedure, was immediately managed, and did not constitute medical negligence. The Council subsequently recommended closure of the complaint.
Medical Council Report Ignored During Investigation
The High Court observed that the investigating agency failed to adequately consider the findings of the West Bengal Medical Council before filing the charge sheet. The Court noted that the Medical Council’s opinion was not incorporated into the investigation despite statutory provisions allowing expert scrutiny of medical negligence complaints.
The bench emphasized that criminal prosecution of medical professionals should not proceed without credible expert evidence establishing prima facie negligence.
Reliance on Supreme Court’s Jacob Mathew Judgment
Referring to the landmark Supreme Court judgment in Jacob Mathew vs State of Punjab, the High Court reiterated that doctors should not face criminal prosecution merely because a treatment outcome was adverse or because a complication occurred during a medical procedure.
The Court observed that criminal negligence requires proof of rashness or recklessness that endangers life or personal safety. It held that in the present case there was no evidence showing that the doctor acted in a manner that no reasonably competent medical professional would have adopted.
The bench further noted that medical professionals cannot be held criminally liable simply because a better alternative treatment method may have existed or because another doctor might have chosen a different course of action.
Proceedings Quashed
Concluding that no ingredients of criminal negligence were established, the High Court held that continuing the proceedings would amount to an abuse of the judicial process. Exercising its powers under Section 482 of the Code of Criminal Procedure, the Court quashed the criminal case against the gynaecologist and discharged her from all proceedings.
The ruling reinforces judicial safeguards for medical professionals against unwarranted criminal prosecution in cases involving medical complications where no evidence of gross negligence exists.
