The Karnataka High Court has directed the state police to register an FIR and investigate alleged medical negligence and unauthorized operations performed by two doctors, one at Bengaluru’s GM Hospital and another at Fortis Hospital, following the death of a patient.
Allegation of Consent Overstep
The petitioner, Vikas Dev, claims his father, a chronic kidney patient, received consented catheter placement at GM Hospital on the right side only. However, surgeons allegedly inserted it on the left, resulting in complications. As the patient’s condition worsened, he was transferred to Fortis Hospital for another procedure this time again without renewed consent and tragically died due to cardiac arrest during surgery.
The High Court underscored this as more than a mere procedural breach: “When the sanctity of medical care is breached by alleged negligence, it … desecration of the dignity inherent in human life.” It emphasized that deviation from consented medical intervention demands thorough investigation.
Court Pushes for Criminal Investigation
While the state’s police had initially rejected the complaint—classifying it as non-cognizable and more fitting for the Karnataka Medical Council Justice M Nagaprasanna mandated FIR registration, noting that criminal negligence allegations cannot be sidestepped. The court instructed the Police to act “within two weeks” based on the writ petition led by Advocate Sameer Sharma.
A medical committee (including a report from Victoria Hospital) cited fitness concerns and improper catheter insertion (leading to hemopneumothorax), reinforcing the suspicion that standard protocol was breached.
About the Author – Anirudh Mittal is a B.Sc. LL.B. (Hons.) student at National Forensic Sciences University, Gandhinagar, with a keen interest in corporate law and tech-driven legal change.