“Desecration Of Dignity Inherent In Human Life”: Karnataka High Court Directs Police To Register FIR Against Doctors In Medical Negligence Case
The Karnataka High Court allowed a Writ Petition filed by a son seeking justice for the untimely death of his father, allegedly occasioned by medical negligence.
The Karnataka High Court has directed the registration of an FIR (First Information Report) against two doctors in a medical negligence case.
The Court was hearing a Writ Petition filed by a son seeking justice for a lamentable demise i.e., the untimely death of his father, allegedly occasioned by medical negligence.
A Single Bench of Justice M. Nagaprasanna remarked, “When the sanctity of medical care is breached by alleged 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.”
Advocate Sameer Sharma represented the Petitioner while High Court Government Pleader (HCGP) Spoorthy Hegde N. represented the Respondents.
Facts of the Case
The Petitioner’s father was diagnosed with Hiatus Hernia and during the treatment of the same, he developed a complication of watermelon stomach and then became a patient of Chronic Kidney Disease (CKD). For a patient of CKD, regular dialysis is imperative and for the purpose of dialysis, insertion of HD Catheter is again a necessity, as the problem aggravates during dialysis taking place other than through catheter. To the father of the Petitioner, one doctor in charge of dialysis facility inserted HD Catheter in February 2024. In March 2024, on consultation with the same doctor, he suggested removing of the previously inserted HD catheter on the score that it may lead to complications in the long run and suggested insertion of a Perma Catheter which is a permanent catheter.
The Petitioner’s father was then advised to approach a vascular surgeon to take the process forward i.e., the process of insertion of Perma Catheter. The surgery for insertion of Perma Catheter was scheduled on April 4 and before commencement of the surgery, all protocols were taken including consent of the Petitioner who was the son of patient with regard to the said procedure. The assurance, according to the averment in the Petition was, it was a small procedure of insertion of a Perma Catheter and the surgery would last for about 30 minutes, but for 4 hours the surgery is said to have gone on. The consent given by the Petitioner for insertion of Perma Catheter was to be on the right side, but the procedure that was done on his father was allegedly a left Catheter insertion. It was alleged that this change was never intimated to the Petitioner and post-surgery, the Petitioner’s father was tormented by excruciating pain and discomfort.
On examination, it was found that there was no blood back-flow through the Catheter and hence, his father was immediately shifted to hospital for corrective procedure. He was again operated and during the operation, his condition deteriorated and he suffered cardiac arrest. This led to his death and consequently, the Petitioner approached the jurisdictional police to register a complaint. The complaint was summarily rejected by rendering a non-cognizable report, as according to the police, it was a case to be preferred before the Karnataka Medical Council. He then approached the Assistant Commissioner of Police and Deputy Commissioner of Police, who also did not take any action. Therefore, he approached the High Court.
Court’s Observations
The High Court in the above regard, noted, “The Medical Committee constituted post facto, observes inter alia that the left internal jugular catheter was incorrectly positioned – a deviation not minor, but potentially fatal. When a jugular vein is cut or ruptured, most immediate symptom would be severe bleeding and is in medical domain that it would result in low blood pressure, difficulty in breathing and can sometimes lead to coronary thrombus. The report opines that Hemopneumothorax is well known complication of internal jugular vein catheter insertion. Permacath is necessary for all CKD patients and left lJC was not in proper position. Therefore, there is a rupture in the jugular vein.”
The Court further took note of the fact that the report confirms that the catheter caused Hemopneumothorax, a complication known, but avoidable with proper care.
“In the mosaic of facts and the binding precedents quoted hereinabove, this Court finds it imperative to uphold the dignity of human life”, it observed.
The Court added that the Petitioner who has lost his father, under circumstances that cry for an investigation, cannot be left remediless. It, therefore, concluded that the Petition deserves to succeed.
“Mandamus issues to the jurisdictional police – respondent No.4 to register a First Information Report on the basis of the petitioner’s complaint and proceed further in accordance with law, within 2 weeks from the date of receipt of a copy of this order”, it directed.
Accordingly, the High Court allowed the Writ Petition.
Cause Title- Vikas M. Dev v. The Commissioner of Police & Ors. [Case Number: WRIT PETITION No.24162 OF 2024 (GM - POLICE)]
