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

New Delhi, Sep 24 (PTI) A Delhi court has deprecated a closure report filed by police 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 the closure report filed by the Shalimar Bagh police station on a complaint from one Sapna Jain regarding the treatment of her child, born on August 12, 2017, in the area's Fortis Hospital.

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

The hospital, however, issued a statement on Wednesday, saying the court's September 22 order was passed without hearing the doctors concerned and that two expert medical opinions had found no negligence in the child's treatment.

During the proceedings, advocate Sachin Jain, representing the complainant, demanded an investigation in the matter.

Taking note of the evidence, the court, in its order dated September 22, said certain crucial aspects were not 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 degree had posed 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 a 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 doctors and the hospital and to ascertain the reasons why the essential brain screening was not conducted on the victim child and a fresh medical opinion sought from a board.

The court cannot be unmindful of the fact that the closure report was filed without a comprehensive investigation, as allegations of unqualified practice by doctors, falsification and concealment are serious in nature and warrant a thorough probe, the magistrate said.

The deputy commissioner of police (DCP) concerned was, therefore, ordered to conduct further investigation.

"The DCP concerned is further directed to supervise the investigation personally and file a detailed report within three months from today," the court said.

The statement issued by the Fortis Hospital, Shalimar Bagh said, "The proceedings before the trial court in the protest petition were done without hearing the doctors concerned. There are already two expert opinions in respect of the medical treatment rendered to the patient from the Delhi Medical Council and Guru Teg Bahadur Hospital, wherein they found no negligence in the treatment of the patient." PTI MNR RC