Delhi HC issues notice to Joint CP to file report on progress in medical negligence case

New Delhi:In a probe into a medical negligence case where a five-year-old suffered from mental and physical paralysis for alleged delay in diagnosis, proper treatment and “concealment of a birth injury”, a local court in Delhi issued a notice to a joint commissioner asking him to file a report stating why the investigation has not been completed.

Medical dialogues team had earlier reported that at Fortis Hospital in Shalimar Bagh, the Delhi government and the Directorate General of Health Services (DGHS) office were issued notice by the Delhi High Court seeking their response in the following case.

Devarsh Jain, now five years old, suffered severe brain bleeding at the time of birth in August 2017. However, the birth injury, which left him paralysed, was diagnosed seven months later.

Also read- Child Suffers Cerebral Palsy, Epilepsy With West Syndrome, Doctors Qualifications In Question: Delhi HC Seeks Response To Fortis, Govt, DGHS

His parents claim Fortis Hospital, Shalimar Bagh, where Sapna Jain gave birth to him, deliberately hid the birth injury, depriving him of timely treatment. The hospital denied any wrongdoing.

"Till date mechanical reports have been filed by various IOs (investigating officers) who have not bothered to collect the entire medical record of the victim from the accused hospital," Metropolitan Magistrate Ritika Kansal said in an order dated June 30.

She also expressed dissatisfaction with the status report filed by the police.

"Given the same, let a notice be issued to worthy Joint CP with direction to file the reason for not being able to complete the investigation in the present matter," the order added.

The metropolitan magistrate also observed the status report filed in the Rohini District Court by the investigating officer had mentioned that the two doctors accused of negligence in treating the child have genuine MBBS and related medical degrees.

This is contrary to the stance taken by the National Medical Commission -- the medical education regulator -- which has already mentioned in its affidavit before the Delhi High Court in a related case that one of the two doctors is only an MBBS and his other qualification is unrecognised.

Based on a complaint by Sapna Jain, an FIR was registered in October 2019.

Fortis Hospital denied any wrongdoing and even got a clean chit from the Delhi Medical Council. Sapna Jain challenged the clean chit, which was stayed by the high court.

Sapna Jain also questioned the educational qualifications of the two doctor who had treated the child in a separate petition before the Delhi High Court. The National Medical Commission admitted before the court that Singh is only an MBBS and not a paediatrics specialist. Singh, in a separate affidavit, said that despite having completed his Diplomate in Paediatrics and Fellowship in Neonatology, neither did he practise as an independent specialist in paediatrics or neonatology nor did the hospital advertise him as being a specialist in neonatology on its website.

About one of the two doctors, the National Medical Commission submitted that the Delhi Medical Council granted registration for his MBBS degree and additional registration for his MRCPCH membership. However, the commission is only aware of his MBBS degree.

The doctor contested the allegation and said that he completed two-and-a-half years of training in neonatology with the Department of Neonatology, Oliver Fisher Neonatal Unit at Medway Maritime Hospital, UK.

Membership of the Royal College of Paediatrics and Child Health (MRCPCH) is an international examination.

Sapna Jain's lawyer told the metropolitan magistrate that the investigating officer was present in these high court proceedings and was aware of the commission's stand.

The Rohini District Court had on a previous occasion asked the investigating officer to examine Sapna Jain's contention about the fabrication of medical records by the hospital. However, according to the status reports filed by the investigating officer, the court found that no such investigation has been conducted.

The metropolitan magistrate has posted the matter for further hearing on July 27.

Also read- Fortis Doctor Accused Of Negligence Does Not Have Recognised Qualification To Be Child Specialist: NMC Tells Delhi HC