The Karnataka High Court recently directed the registration of a first information report (FIR) for medical negligence against doctors who allegedly botched surgeries on a man without obtaining his proper consent..While directing the police to lodge an FIR, a Justice M Nagaprasanna remarked that when the sanctity of medical care is breached by negligence, it is not merely a lapse of procedure, but a desecration of dignity inherent in human life."The patient, entrusting their vulnerability to the hands of the Doctor, becomes the silent victim of apathy. Their right to life of dignity gets extinguished, not by fate but by failure. In the mosaic of facts and the binding precedents quoted hereinabove, this Court finds it imperative to uphold the dignity of human life. The petitioner who has lost his father, under circumstances that cry for an investigation, cannot be left remediless. The petition thus deserves to succeed," the Court observed..The petitioner Vikas Dev alleged that the first accused doctor at Bengaluru-based GM Hospital took his consent for inserting a hemodialysis catheter on the right side of his father's body, but the procedure was performed on the left side instead. As his father’s condition worsened, he was moved to Fortis Hospital, where he reportedly died of cardiac arrest during a surgery performed by the second accused doctor, again without proper consent..After his father’s death due to alleged medical negligence, the petitioner filed a police complaint on June 18, 2024. However, the police rejected it as non-cognizable, stating the issue should go to the Karnataka Medical Council. Dev then approached senior police officials, but no action was taken. Left with no option, he approached the High Court seeking registration of an FIR against the doctors for their alleged negligence..The petitioner’s counsel strongly argued that the doctors acted with gross negligence by wrongly inserting the catheter, which ended up blocking the jugular vein and disrupting blood flow. He further clarified that the issue isn't about the father's death due to chronic kidney disease (CKD), but rather due to the botched procedure. A preliminary report from Victoria Hospital was also cited, which held the doctor responsible for the catheter insertion..On the other hand, the government pleader argued that the allegations do not amount to criminal negligence. At most, he said, it is a matter to be taken up with the Karnataka Medical Council under the Karnataka Medical Registration Act, 1961. He informed the Court that a complaint had already been filed with the Medical Council and notices were issued to both doctors..The Court observed that the petitioner’s consent was not obtained for altering the type of surgery."The Catheter is inserted on the wrong side without the consent of the petitioner. The H.D. Catheter was again inserted when permission/consent was obtained for Perma Catheter. The surgery was performed by the duty Doctor, instead of the surgeon; and the Doctors have allegedly failed to take corrective measures to alleviate the deteriorating condition of the patient in the emergency," it stated.It further noted that according to the medical committee report formed by the State and the hospital, the catheter insertion led to Hemopneumothorax, a known complication that could have been avoided with appropriate care.With these observations, the Court allowed the plea.Advocate Sameer Sharma for the petitioner..[Read Order]
