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Delhi HC Quashes FIR: Cotton Mop Left in Patient Settled for Rs 14 Lakh

The Delhi High Court has ended a criminal case against a hospital and a doctor. This happened after the patient, who had a surgical mop left inside her, agreed to a settlement. She received 14 lakh rupees and no longer wanted to pursue legal action. The court noted the error was unintentional and continuing the case would cause unnecessary hardship.

Key Points: Delhi HC Quashes FIR Against Hospital, Doctor in Mop Case

  • Delhi HC quashed an FIR against Venkateshwar Hospital and Dr. Dipti Yadav after a settlement
  • The patient received Rs 14 lakh compensation and withdrew her complaint of medical negligence
  • A cotton mop was left in the patient's abdomen during a 2021 C-section, causing infection
  • The Delhi Medical Council found it was a counting error, not reckless conduct
2 min read

Cotton mop left in patient's abdominal cavity: Delhi HC quashes FIR against hospital, senior doctor after settlement

Delhi High Court quashes FIR after patient, compensated Rs 14 lakh, settles case against hospital where a cotton mop was left in her abdomen during a C-section.

"The incident was unintentional and due to oversight, bereft of the necessary means and such degree of rashness to attract the rigours of a criminal trial. - Justice Amit Mahajan"

New Delhi, Dec 13

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 attract 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.

- IANS

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Reader Comments

R
Rahul R
The court has taken a practical view. The error was in counting, not intentional malice. The doctor faced a 30-day suspension, the nurse was disciplined, and the patient got compensation. Continuing a criminal case for an oversight would ruin careers. Settlement was the right outcome.
S
Sarah B
As someone who works in healthcare admin, this highlights a systemic procedure failure, not just an individual's mistake. The scrub nurse's count was wrong. Hospitals need to invest in better technology for surgical instrument tracking, not just rely on manual counts.
A
Aman W
Respectfully, I disagree with the court quashing the FIR. This is gross negligence during a C-section, a critical surgery. A 30-day name removal is a very light penalty. It sets a worrying precedent. What about accountability to the public?
M
Meera T
The patient has accepted the settlement and moved on. Who are we to demand more punishment? She must have considered her mental peace and family. The court's direction to deposit 25k to the Martyrs' Fund is a good touch. Hope the hospital improves its protocols.
K
Karthik V
This is why people are afraid of surgeries in India. We hear such stories too often. The DMC report is clear - lack of due diligence. The compensation is okay, but the trust is broken. Need mandatory audits and consequences for hospitals with repeated lapses.

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