New Delhi: The Delhi High Court recently quashed an FIR against a private hospital and its senior gynaecologist, accused of leaving a cotton mop inside a patient’s abdomen during a caesarean section surgery, providing relief to the medical practitioners involved.
Medical Council Opinion Plays Key Role
The HC bench, led by Justice Amit Mahajan, relied on the opinion of the Disciplinary Committee of the Delhi Medical Council, which concluded that the incident was unintentional and occurred due to oversight. The court noted that there was no mens rea or degree of rashness sufficient to warrant a criminal trial.
Civil Liability Rather Than Criminal
The bench observed that the case could, at best, suggest civil liability. Given that the parties had amicably settled the matter and the patient received compensation of ₹14 lakh, the FIR was quashed. The court emphasized that criminal proceedings in such cases could amount to undue harassment.
Incident and Allegations
The FIR had been registered after the patient alleged that the cotton mop left inside her abdomen caused severe infection, pus accumulation, and the need for a second major surgery at another hospital. The charges invoked under IPC sections 336, 337, and 34 related to endangering life and causing hurt by rash or negligent acts.
Medical Committee Findings
The Disciplinary Committee found an error in counting mops during the surgery but confirmed that proper post-operative management protocols were followed, including timely surgical referral. The patient’s condition improved after care, indicating that the oversight was not reckless.
Court Notes Lack of Gross Negligence
The HC highlighted that while the doctor did not exercise the diligence expected from a prudent medical professional, her actions were neither reckless nor grossly incompetent. The scrub nurse’s miscounting was also identified as a contributing factor.
Acknowledging Patient Discomfort
While the court recognized the significant discomfort and risk faced by the patient due to the incident, it reaffirmed that the medical opinion established the retention of the mop was unintentional and did not merit criminal prosecution.
Cost Imposed Despite Quashing FIR
Although the FIR and all consequential proceedings were quashed, the court imposed a cost of ₹25,000 on the hospital and doctor to be deposited with the Delhi Police Martyrs’ Fund within four weeks. This decision was aimed at balancing justice while acknowledging the efforts of the state machinery.
