Doctor Booked for Allegedly Leaving Cotton Swab Inside Patient, serves back legal notice to patient
Surat: A Government hospital doctor at Jambusar in Bharuch district was booked for alleged medical negligence while performing a caesarean delivery last September. The doctor has been accused of leaving a cotton swab inside the patient during the procedure.
Meanwhile, the doctor has accused the patient's family of "defaming" her and sent a legal notice to the patient's husband, seeking Rs 50 lakh.
The matter goes back to September 23, 2023, when the patient got admitted to the sub-district hospital in Jambusar. The C-section was conducted by the treating doctor and the patient gave birth to a boy.
Commenting on the matter, police inspector AV Panmiya of Jambusar police station informed Indian Express, "After she was discharged, she complained of stomach ache and was again taken to the hospital. The doctors gave her medicines and sent her back home." The inspector further added that when the pain persisted, the patient's husband took her to a private hospital in Jambusar.
"The doctors gave her medicines and she got temporary relief from the pain. Amisha then returned to in-laws’ place in Surat. After a few days, she again complained of stomach ache. *** then took her to Shyona Diagnostic Centre at Katargam where she underwent tests like sonography and CT scan. The reports showed there was a cotton swab in her stomach," the police officer told Indian Express.
After getting the reports on November 22, 2023, the couple approached the treating doctor again. Allegedly, the doctor told the patient to undergo an operation at SSG Hospital in Vadodara to get the alleged swab, which was left inside, removed.
The patient's husband alleged in his complaint that when they reached SSG Hospital the following day, they did not get a positive response from the doctor and therefore they returned to Surat.
A few days later, on November 28, the patient got admitted to Yashoda Hospital in Surat, where the cotton swab was removed from her abdomen through operation.
After this, the patient's husband approached Jambusar police station and last Sunday, the treating doctor was booked under Section 338 (causing grievous hurt by act endangering life or personal safety of others) of the Indian Penal Code.
Speaking to Indian Express, Jambusar police inspector A V Panmiya said, "We have registered an offence on the basis of *** [the complainant's] statements and the medical papers he had submitted to us. We have also taken advice from SSG hospital before registering the offence. We have started recording the statements of *** as well as doctors at SSG hospital and in Surat."
Meanwhile, the complainant told the Daily, "I had sent a notice to Dr *** through my lawyer in January and asked her to pay for all the medical expenses we have incurred. I also told her that if she fails to do so, I will take legal action."
Consequently, the doctor sent a legal notice to the complainant seeking Rs 50 lakh. The doctor accused the complainant of sharing the matter in the media, as a result of which, the reputation of the hospital and herself got damaged. Further, the doctor claimed that all the allegations levelled by the complainant were baseless.
Commenting on the matter, the doctor's lawyer told the Daily, "Dr *** received a notice from ***, in which he has accused her of negligence in her duty. We have replied to the notice and denied all allegations. We have also said that the image of Dr *** and the hospital has been damaged and we may file a defamation case… Though as of now, we are yet to file any defamation complaint."
