Cotton Swab left during surgery: 3 Doctors have to face Criminal Trial says Madras High Court

Published On 2019-04-06 11:01 GMT | Update On 2022-12-13 05:12 GMT

The doctors were booked under the IPC Sections 284 (negligent conduct with respect to poisonous substance) and 3338 (causing grievous hurt by act endangering life).

Chennai: Three doctors, who had been booked under various IPC sections on account of alleged medical negligence will now have to face criminal trial; since the Madras High Court has dismissed their petitions seeking relief on the criminal case booked against them.

The doctors were accused of negligence for leaving a cotton swab inside the abdomen of a woman during surgery.

The case concerns a woman who went to a hospital located at Tondiarpet for a cesarean section-cum-sterilisation. Following the surgery, she suffered acute pain in her stomach after which she approached another hospital. During an ultrasound scan, it was observed that an alien object was present in the belly of the patient due to which she had developed abdominal sepsis. It was found that a cotton swab was left inside during the last operation.

The husband of the patient filed a complaint against the three doctors, the hospital and obstetricians for allegedly leaving the swab during surgery.

The doctors were booked under the IPC Sections 284 (negligent conduct with respect to poisonous substance) and 3338 (causing grievous hurt by act endangering life).

The medical professionals and the hospital owner moved to the Madras High Court and filed a petition to dismiss the criminal case booked against them.

The Court went through the entire matter. It referred to the judgment given by the Supreme Court in a case where it had mentioned that the doctors are needed to be protected from frivolous and unjust prosecution.

However, in the present case, Justice Ilanthiraiyan said: "But in the case on hand, due to the negligence of the petitioners, a foreign body was kept inside the abdomen of the victim," quotes the Hindu.

The petition was dismissed by the Madras High Court where it mentioned that there were sufficient materials to prosecute them for the charge of having negligently left behind a foreign body, inside the abdomen, which had to be removed through another surgery.

The court pointed out that the petitioners would have to necessarily face trial, therefore the court refused to quash their plea.

The High Court further directed the trial court to hear the case uninfluenced by the observations made by him in the order dismissing the quash petition.

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