Delhi High Court Quashes FIR Against Hospital and Gynaecologist

Background of the Case

In a recent ruling, the Delhi High Court provided relief to a private hospital and its senior gynaecologist by quashing an FIR. The FIR was filed following allegations that a cotton mop was left inside a patient’s abdomen during a caesarean section surgery.

Court’s Observations

The bench, led by Justice Amit Mahajan, based its decision on the findings of the Disciplinary Committee of the Delhi Medical Council. The court stated that the incident was unintentional and stemmed from oversight rather than criminal intent. Justice Mahajan remarked, “the incident was unintentional and due oversight, bereft of the necessary mens rea and such degree of rashness to attract the rigours of a criminal trial.”

Outcome of the Proceedings

The High Court noted that while the incident could indicate civil liability, it ultimately quashed the FIR after acknowledging that the matter had been amicably resolved between the involved parties. However, the court imposed a cost of Rs 25,000 on both the hospital and the gynaecologist, to be donated to the Delhi Police Martyrs’ Fund within four weeks. The HC bench instructed, “Let the proof of deposit of cost be submitted to the concerned SHO.”

Details of the Allegations

The FIR was initiated based on a complaint from the patient, who alleged that the retained cotton mop caused severe infection and required a second major surgery at a different hospital. The FIR included charges under sections 336, 337, and 34 of the Indian Penal Code, concerning acts that endanger life and cause hurt through negligent actions.

Patient’s Compensation and Withdrawal of Proceedings

During the court proceedings, the patient revealed that she had received compensation of Rs 14 lakh and expressed her desire not to pursue any further legal action related to the FIR. The HC bench remarked that it is well established that the High Court can quash proceedings where a compromise exists between the accused and the complainant, even in non-compoundable offenses.

Disciplinary Committee’s Findings

The HC bench referenced the findings of the Delhi Medical Council’s Disciplinary Committee, which highlighted an error in counting mops during the initial surgery. Nonetheless, the Committee concluded that appropriate management protocols were followed post-operatively, and timely surgical referrals were made. The patient’s condition began to improve after medical advice was adhered to.

Court’s Rationale for Quashing the FIR

The court concluded that, while the treating doctor did not demonstrate the expected diligence of a prudent physician, her actions did not amount to recklessness or willful misconduct that would invoke criminal liability. The HC bench affirmed, “Evidently, no such gross lack of competence or recklessness has been detected on part of the Petitioners.”

Sympathy for the Patient

Despite acknowledging the patient’s discomfort due to the incident, the court reiterated that it was unintentional. The HC bench emphasized the profound concern regarding medical professionals’ duty of care but maintained that the evidence indicated a lack of criminal intent.

Final Decision and Costs Imposed

Ultimately, the High Court quashed the FIR, indicating that continuing the proceedings would lead to unnecessary harassment for all involved. The bench concluded that the imposition of costs was justified due to the initiation of state proceedings, stating, “ends of justice would be served if the Petitioners are put to cost.”

To view the full order, click on the link below:
Delhi HC Order

Related Case

Additionally, it was noted that a consumer court had recently imposed a Rs 5 lakh compensation for a similar incident involving a retained mop during a Whipple operation at NIMS.