Cotton mop left in patient’s abdominal cavity: Delhi HC quashes FIR against hospital, senior doctor after settlement
New Delhi: The Delhi High Court has quashed an FIR registered against a private hospital and one of its senior doctors after noting that the medical negligence dispute — arising from allegations that a cotton mop was left inside the patient’s abdominal cavity during a Lower Segment C-Section — had been “amicably resolved” between the parties.
Opining that continuing the proceedings would serve no purpose, a single-judge bench of Justice Amit Mahajan allowed the petition filed by Venkateshwar Hospital and Dr. Dipti K. Yadav, seeking quashing of the FIR registered at Dwarka North police station under Sections 336, 337, and 34 of the IPC.
The complainant, who had undergone a C-section at the hospital in January 2021, told the Delhi High Court that she had received compensation of Rs 14 lakh and no longer wished to pursue the proceedings.
“All the disputes have since been settled, without any coercion, pressure or undue influence,” she told Justice Mahajan adding that “continuation of the proceedings would amount to further harassment”.
The FIR stemmed from the complainant’s allegation that a cotton mop had been left inside her abdominal cavity during the C-section, causing severe infection and necessitating a second surgery.
A prior inquiry by the Delhi Medical Council (DMC) had found that while the mop was “in all likelihood” left behind during the C-section, the lapse apparently arose from an error in counting surgical mops.
DMC held that Dr. Yadav “did not exercise due diligence which is expected from an ordinary prudent doctor”, but highlighted that her conduct was “not reckless or patently want to invite criminal liability”.
It further directed removal of the doctor’s name from the State Medical Register for 30 days and recommended disciplinary action against the scrub nurse who had incorrectly counted the number of mops.
While acknowledging the hardship suffered by the complainant, Justice Mahajan said, “The incident was unintentional and due to oversight, bereft of the necessary means and such degree of rashness to attact the rigours of a criminal trial.”
“The possibility of conviction is remote and bleak and continuation of criminal cases would put the accused to great oppression and prejudice,” the judge added.
Quashing the FIR and all consequential proceedings, the Delhi High Court directed the petitioners to deposit Rs 25,000 with the Delhi Police Martyrs’ Fund within four weeks.