Delhi: Court orders FIR against North-Delhi hospital in Medical Negligence case

New Delhi: A court here has directed the Delhi police to lodge an FIR against a north-Delhi-based Hospital in a case of medical negligence during childbirth in 2018.

Additional Chief Metropolitan Magistrate Jagmohan Singh passed the order against the hospital and its doctor, noting that the present matter called for an investigation by police.

According to the complaint filed by Dr. Alok Kumar, Assistant Professor of SRCC, Delhi University, the accused manipulated the date of his wife's delivery, preponing it by a month, and due to their negligence, the child suffered from Birth Hypoxia and has been reduced to the vegetative state.

Noting that Delhi Medical Council had earlier passed an order to remove the concerned doctor's name from the State Medical Register for a period of 90 days concerning this case, the court said there was independent medical opinion on record in the present case against the accused doctor. 

"In my considered opinion, the allegations leveled by the complainant against the accused persons reveal commission of cognizable offence. Further, the evidence is not within the reach of the complainant. The present matter, therefore, calls for an investigation by police," the judge said in the order passed on April 11.

The court directed the SHO concerned to register an FIR under the relevant provisions of law against the accused persons. It further directed the police to file a copy of the FIR within seven days and posted the matter for further hearing on May 9.

According to police, an FIR was lodged under relevant provisions on April 15.

According to the complaint, the concerned doctor manipulated the date of delivery of the complainant's wife and preponed it by one month.

It claimed that as per the instructions, the woman was admitted to the hospital on February 11, 2018, and intentionally, the doctor did her surgical delivery, who had no complications, and due to that reason, the baby born suffered from Birth Hypoxia whose treatment is going on. It further alleged that due to the said medical negligence, the child has been reduced to a vegetative state.

In an action taken report filed by the investigating officer of the case, it was stated that Delhi Medical Council, while acting on the complaint of the complainant examined and removed the concerned doctor's name from the State Medical Register on August 27, 2019, for 90 days.

Medical Council of India (MCI), however, later exonerated the doctor of all charges of medical negligence.

The order of the MCI was later stayed by the Delhi High Court on April 16, 2021, till further order, and the matter is currently pending. The complainant further claimed that he filed an RTI and found out that the hospital is not registered.