'Foreign Object' Left Inside Patient In Surgery: Kerala High Court Directs Police To Forward Complaint To Medical Negligence Panel

The Kerala High Court on Friday directed the Station House Officer of Edathala gram panchayat to forward to Expert Panel for Medical Negligence, the complaint filed by a patient’s wife regarding a foreign object allegedly being left inside her husband’s body after being operated on for removal of his kidney at Rajagiri Hospital.

A Single Bench of Justice Kauser Edappagath directed,

“The 2nd respondent [Station House Officer] shall forward Ext.P1 complaint to the 3rd respondent [Expert Panel (Medical Negligence)] for his opinion, if not already forwarded.”

The Petitioner’s husband had undergone a surgery at Rajagiri Hospital, wherein one of his kidneys was removed as it was affected with cancer. After the surgery his health started deteriorating and he got admitted at Believer’s Church Medical College Hospital Thiruvalla. A CT Scan at Believer’s Hospital revealed that a foreign body was left inside the body of the patient during the surgery at Rajagiri Hospital which was causing infection of his internal organs. Thereafter, the patient was shifted to Rajagiri Hospital. However, it is alleged that the hospital did not take any steps to remove the foreign body from the patient’s body and he was eventually discharged.

Subsequently, the wife of the patient preferred a complaint to the Station House Officer, under Section 154 of the Criminal Procedure Code, 1973 for cognizable offences under Section 338 of the Indian Penal Code, 1860.

The Petitioner alleges that the Doctors and Staff of Rajagiri Hospital are to be prosecuted for medical negligence which is punishable under Section 338 of the IPC.

The Petitioner submitted that as per Section 154 of the CrPC and the guidelines laid down by the Apex Court in Jacob Mathew V State of Punjab (2005) 6 SCC 1 and Martin F D’souza v Mohd. Ishfaq (2009) 3 SCC 1, the Station House Officer must forward the complaint to the Expert Panel (Medical Negligence) to get its opinion before an FIR is registered.

Accordingly, the Court directed the SHO to forward the complaint to the Expert Panel for Medical Negligence.

The Petitioner was represented by Adv. Manjunath Menon and Adv. Arya Raghunath.

Case Title: Annamma Sebastian V. State of Kerala

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