In a rare instance, the High Court of Karnataka has directed the city police to register an FIR and conduct an investigation into the complaint on the death of a 65-year-old man due to alleged medical negligence after being treated in two private hospitals in the city last year.

The court passed the order on a petition filed by Vikas M. Dev of Nagarabhavi in the city, who had questioned non-registration of FIR by the police even after a preliminary report on the cause of death referred to alleged medical negligence on conduct of various surgical procedure due to which his father, M.C. Mahadeva, died in April last year after being treated for chronic kidney disease.

“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 petitioner who has lost his father, under circumstances that cry for an investigation, cannot be left remediless,” observed Justice M. Nagaprasanna in the order.

It was alleged by the petitioner that his consent was not obtained for the change of type of surgery, and a catheter was inserted on the wrong side without the consent of the petitioner. He further alleged that H.D. Catheter was again inserted when permission/consent was obtained for a perma-catheter and surgery was performed by the duty doctor instead of the surgeon.

The High Court, noticing various judgements of the apex court on precautions in registering criminal case against medical professionals, held that this case “undoubtedly meets the guidelines laid down by the apex court for prima facie medical negligence.”

Also, the High Court noted that the preliminary report given by the medical experts and the report by the Victoria Hospital indicate prima facie medical negligence to register a FIR and conduct probe.