The Kerala High Court in the case Annamma Sebastian V. State of Kerala observed wherein the complaint is filed by patient’s wife with regards to foreign object allegedly being left inside her husband’s body after being operated on for removal of his kidney at Rajagiri Hospital. Therefore, the court directed the Station House Officer of Edathala gram panchayat to forward to the Expert Panel for Medical Negligence.
The Single bench headed by Justice Kauser Edappagath in the case observed and has directed the 2nd respondent, the Station House Officer shall forward Ext.P1 complaint to the 3rd respondent i.e., the Expert Panel, Medical Negligence for the opinion of him, if not already forwarded.
In the present case, the husband of the petitioner had undergone a surgery at Rajagiri Hospital, wherein one of his kidneys was removed as it was affected with cancer, After the surgery, the health of the petitioner’s husband started deteriorating and he got admitted at Believer’s Church Medical College Hospital, Thiruvalla. It has been revealed by the CT scan at Believer’s Hospital 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.
Further, the patient was being shifted to Rajagiri Hospital, wherein 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.
Therefore, the said complaint is been preferred by the wife of the patient to the Station House Officer, stated under Section 154 of the Criminal Procedure Code, 1973 for cognizable offences stated under Section 338 of the Indian Penal Code, 1860.
The petitioner in the plea alleged that the Doctors and Staff of Rajagiri Hospital are to be prosecuted for medical negligence which is being punishable as stated under Section 338 of the Indian Penal Code,1860.
The petitioner submitted before the court that as per Section 154 of the Code of Criminal Procedure, 1973 and the guidelines which are laid down by the Apex Court in the case Jacob Mathew V State of Punjab and the case Martin F D’souza v Mohd. Ishfaq, wherein the Station House Officer must forward the complaint to the Expert Panel, the Medical Negligence to get its opinion before registering of the FIR.
Accordingly, the court observed and has directed the SHO to forward the complaint to the Expert Panel for Medical Negligence.
The counsel, Adv. Manjunath Menon and Adv. Arya Raghunath appeared for the petitioner.