In a significant ruling, the Karnataka High Court has ordered the registration of an FIR against two doctors from GM Hospital and Fortis Hospital, Bengaluru, over allegations of performing a surgical procedure without the necessary consent, resulting in the patient’s death. The order was passed by Justice M. Nagaprasanna in response to a writ petition filed by Vikas Dev, whose father, M.C. Mahadeva, lost his life following the surgeries.
The court noted:
"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."
Events Leading to the Tragedy
M.C. Mahadeva, a chronic kidney disease (CKD) patient, initially received treatment at GM Hospital. On February 19, 2024, a temporary HD catheter was inserted by Dr. Veerabhadra Gupta. Later, on April 4, 2024, a Perma catheter was to be inserted after obtaining consent from the son, Vikas Dev. The procedure was intended for the right side, but the doctors performed it on the left without informing or obtaining fresh consent.
The patient suffered severe pain post-operation and was shifted to Fortis Hospital for corrective surgery. There, once again without informing the family, a second procedure was carried out. During this process, the patient developed hemopneumothorax—a known complication of improper catheter insertion—and subsequently suffered cardiac arrest. He died on April 15, 2024.
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Police Inaction and Legal Redress
Despite repeated complaints filed by the petitioner on June 18 and 26, 2024, the jurisdictional police dismissed the matter as non-cognizable, suggesting it should be referred to the Karnataka Medical Council. The Assistant and Deputy Commissioners of Police also failed to act, prompting the petitioner to approach the High Court.
The court examined detailed findings, including independent reports from Victoria Hospital and a state medical committee, which confirmed that the catheter was wrongly inserted and not in proper position, leading to complications that could have been avoided with proper care.
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Court’s Findings
The court highlighted several critical lapses:
- Consent was not obtained for changing the type of surgery.
- Catheter was inserted on the left side despite permission for right side.
- Surgery was performed by a duty doctor instead of a vascular surgeon.
- The doctors failed to address the patient’s deteriorating condition.
“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.”
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Legal Precedents Considered
The judgment relied heavily on Supreme Court decisions, including:
- Jacob Mathew v. State of Punjab (2005): Laid down guidelines for prosecuting doctors for criminal negligence.
- Martin D’Souza v. Mohd. Ishfaq (2009): Emphasized independent medical opinions before prosecution.
- Samira Kohli v. Dr. Prabha Manchanda (2008): Affirmed the requirement of valid consent for surgical procedures.
- Lalita Kumari v. Government of U.P. (2014): Stated FIR registration is mandatory in cases revealing cognizable offences, including medical negligence.
Justice M. Nagaprasanna concluded that the facts of the case met the threshold for prima facie medical negligence. The court issued a mandamus directing the jurisdictional police to register an FIR within two weeks and proceed as per law.
Case Title: Vikas M Dev AND State of Karnataka & Others
