Medical negligence: FIR against Fortis hospital ordered

New Delhi, Oct 1 (PTI) A Delhi court has directed the police to lodge an FIR against Fortis hospital and its management in a case of medical negligence involving a newborn which, allegedly, left him disabled.

Metropolitan Magistrate Virender Singh said the allegations against the hospital management and the doctors concerned were "serious in nature" which required probe.

The court's direction came on a complaint filed through advocate Sachin Jain alleging that on August 12, 2017, the doctors at Fortis, Shalimar Bagh, committed "negligence" during the birth of a child.

The complaint claimed that the doctors caused grievous injury to the brain of the Master Devarsh during birth, rendering him disabled, and for further concealing the injury from the parents.

"As per the facts of the case the allegations are serious in nature. Assistance of police is required to collect the evidence. There is also requirement of scientific investigation...

"The SHO concerned is directed to register FIR under appropriate sections and to investigate the matter thoroughly... The SHO shall file copy of FIR on record within three days after receiving the order," the court said.

The complaint has sought registration of an FIR under various sections of IPC, including 406 (criminal breach of trust), 420 (cheating), 120-B (criminal conspiracy), 325 (voluntarily causing grievous hurt), 308 (attempt to commit culpable homicide) and 193 (false evidence) against the hospital, its directors and the doctors who performed the operation.

The plea said the "grievous injury to the brain of child rendered the child as disabled."

"The fact of brain injury was deceptively concealed by the hospital. Due to concealment of injury, the child remained under immense pain which was not known to the parents.

"Eventually the child developed a rare disease called West Syndrome which could be discovered after more than seven months of incident by way of MRI," the complaint said.