Court deprecates closure report in medical negligence case, orders DCP to probe

New Delhi, Sep 24 (PTI) A Delhi court has deprecated police's closure report in a case of medical negligence and ordered a comprehensive investigation, outlining the allegations including unqualified medical professionals.

Judicial magistrate Gaurav Katariya was hearing a protest petition against a closure report filed by the Shalimar Bagh police station into a complaint filed by one Sapna Jain regarding the treatment of her child, born on August 12, 2017, in the area’s Fortis Hospital.

The complainant claimed gross medical negligence, concealment of critical facts, and impersonation by unqualified doctors, leading to irreversible hypoxic brain injury resulting in cerebral palsy, epilepsy besides rendering her child in a permanent vegetative state.

Advocate Sachin Jain, representing the complainant, stressed on ordering an investigation.

Noting the evidence, the court said “certain crucial aspects” had not been investigated.

These included the questions of whether one of the named doctors could legally represent himself as a neonatologist or super-specialist, and another one holding only an MBBS had impersonated himself as a specialist, the court said.

It said other aspects that required investigation were the allegations of falsification and fabrication of medical records, including suppression of resuscitation notes, the cause and timing of brain injury, whether before, during, or after birth, and examination of all medical and nursing staff who treated the child.

Investigation was also required, the court said, in other alleged cases of negligence or complaints against the doctors and hospital, reasons why essential brain screening was not conducted on the victim child and a fresh medical opinion from a board.

“Court cannot be unmindful of the fact that the closure report has been filed without a comprehensive investigation, as allegations of unqualified practice by doctors, falsification and concealment are serious in nature and warrant thorough investigation,” the court said.

The deputy commissioner of police (DCP) concerned was therefore ordered to conduct further investigation. "DCP concerned is further directed to supervise the investigation personally and to file a detailed report within three months from today,” the court added. PTI MNR MNR AMK AMK