Forceps Left Inside Patient's Abdomen At GMC Kozhikode: Doctors, Nurses to Face Action, police looks for prosecution

Kozhikode: In the latest update regarding the alleged medical negligence case in Government Medical College Hospital (GMC) Kozhikode, where forceps were allegedly left inside the patient's abdomen, two doctors and nurses of the hospital are likely to face legal action including arrest.

The City Police Commissioner of Kozhikode has submitted a request before the DGP and sought permission to prosecute these four medical personnel accused in the case.

As per a recent media report, the DGP will now forward the request of the City Police Commissioner to the Government soon.

Medical Dialogues had earlier reported that the matter came to light after Harshina, a 30-year-old woman from Kozhikode filed a complaint seeking a probe in October last year. She alleged that she faced health complications after undergoing a caesarean at the Government Medical College Hospital in 2017.

The woman had undergone her third caesarean at the Medical College in November 2017, with her earlier two C-sections performed in different private hospitals.

On September 17, 2022, the doctors of Kozhikode Medical College conducted a significant surgery on Harshinia, who was suffering from severe pain, to remove a mosquito artery forceps that had been in her stomach for the past five years. The mosquito artery forceps is a scissor-like piece of equipment surgeons use to clamp bleeding vessels during surgeries.

Based on the complaint, Kerala police conducted an investigation and found that forceps were accidentally left inside a woman's abdomen after surgery in 2017, The report indicated two doctors and two nursing staff of the hospital were responsible for the costly good-up.

A senior police officer had earlier said that the investigation confirmed that the forceps were accidentally left inside the woman’s body after the caesarean section, which was an alleged act of negligence by the doctors.

Meanwhile, earlier this year, the legal counsel of the case had advised the medical college police to initiate criminal proceedings against the two doctors and two nursing staff who were found responsible for leaving the forceps inside the patient's abdomen.

The legal counsel i.e. the District Government Pleader and prosecutor K N Jayakumar had earlier advised the investigating officer and Medical College station assistant commissioner of police K Sudarshan to take action and arrest them at the earliest.

Following this, the commissioner had been asked to register an FIR under Section 338 of the Indian Penal Code (IPC) on grounds of medical negligence against the accused.

Despite the legal counsel's advise, the medical college teachers had earlier vehemently opposed the move saying that 'The police move would put doctors and nurses in a shadow of a doubt.'

Also Read: Forceps Left Inside Patient's Abdomen At GMC Kozhikode In 2017: Doctor, 2 nurses served arrest notices; released

Earlier the medical college officials had initially denied any negligence, citing her previous caesareans in private hospitals. However, the police’s findings prompted the authorities to constitute a medical board for further investigation.

Despite the district medical board's acknowledgement that the scissors left behind in Harshina's stomach during the surgery was an act of medical negligence, the panel disagreed with the police's finding that the instrument got stuck in the woman’s stomach at the medical college.

Subsequently, the police appealed to the state committee for further instruction in the case. In response to this, the committee gave legal advice to file criminal proceedings against the accused and arrest them soon. Criticising the move, the teachers' association stated that no action should be taken against the doctors until the facts are proven.

Last month, after the submission of chargesheet at the Kunnamangalam court, Police recorded the arrest of a doctor and two nurses and then let them off on bail.

As per the latest media report by Onmanorama, the City Police Commissioner of Kozhikode has submitted a request to the DGP and asked for permission to prosecute the four accused in the case. These four accused include the assistant professor at the gynaecology department of Manjeri Government Medical College, a gynaecologist at a private hospital in Kottayam, and two staff nurses of Kozhikode Medical College Hospital.

They have been charged under sections punishable by imprisonment of up to two years. The probe by police revealed that a pair of artery forceps were stuck in the patient's stomach during her third delivery-related surgery at the Kozhikode Medical College Hospital on November 30, 2017.

The Daily adds that further action will be taken against the accused after the government gives its permission. Previously, the Kozhikode City Police Commissioner had returned the prosecution request to SP Sudarshan, who is in charge of the probe by recommending eight major changes. The revised request has not been forwarded to the DGP on Saturday.

Also Read: Forceps Left Inside Patient's Abdomen At GMC Kozhikode in 2017: Police to arrest doctors, Teachers' association oppose move