Legal provisions involved: Article 226 of the Constitution of India, Section 528 of the BNSS, and Sections 336, 337 and 34 of the IPC.
Judgement by: Delhi High Court.
Judge/Bench: Justice Amit Mahajan
Facts
A woman undergoing a C-section surgery at Venkateshwar Hospital later developed serious complications. It was discovered that a cotton mop had been left inside her abdomen during the surgery. She had to undergo another operation and filed a criminal complaint against the hospital and the gynaecologist. An FIR was registered for negligence. Later, the matter was settled through mediation and the patient received ₹14 lakh as compensation.
Key legal provisions
Article 226 of the Constitution of India
Sections 336, 337 and 34 of the IPC.
Issues raised
Whether criminal prosecution for medical negligence can continue without first obtaining an opinion from the Medical Council?
Arguments of the case
The doctors argued that the mistake was unintentional and amounted only to civil negligence, not a criminal offence. They also pointed out that the matter had been settled and disciplinary action was already taken by the Medical Council. The State argued that the offences were serious and should continue.
Judgement
The Delhi High Court quashed the criminal case. It held that criminal law should not normally be used in medical negligence cases unless the Medical Council’s opinion supports it. The Court found no criminal intent and said continuing the case would cause unnecessary harassment.
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