In a significant decision, the Karnataka High Court has directed the police to register an FIR against two doctors, one associated with Fortis Hospital, for allegedly performing surgeries on a patient without proper consent, ultimately leading to his death. The bench of Justice M. Nagaprasanna, while allowing a writ petition filed by Vikas Dev, ordered the police to act on the complaint within two weeks.
Vikas Dev, the petitioner, alleged that his father, M.C. Mahadeva, a chronic kidney disease patient, underwent catheter insertion at GM Hospital in Bengaluru. According to Dev, the first doctor at GM Hospital took his consent for inserting a Perma catheter on the right side of his father’s body, but the procedure was done on the left side without informing him. Following the procedure, Mahadeva experienced severe complications and was shifted to Fortis Hospital. There, the second doctor operated again, allegedly without obtaining proper consent. Unfortunately, Mahadeva suffered a cardiac arrest during surgery and passed away on April 15, 2024.
The petitioner claimed that despite filing complaints with the jurisdictional police and senior police officers, no FIR was registered, and instead, a non-cognizable report was issued citing that the complaint should go before the Karnataka Medical Council. Feeling aggrieved, Dev approached the High Court for relief.
The court noted that five key points arose from the complaint:
“The consent of the petitioner was not obtained for the change of type of surgery; the catheter was inserted on the wrong side without consent; HD catheter was again inserted when permission was only for Perma catheter; the surgery was performed by a duty doctor instead of a qualified surgeon; and the doctors allegedly failed to take corrective measures to address the patient’s deteriorating condition in an emergency.”
The bench relied on medical committee reports, including one from Victoria Hospital, which found that the catheter was incorrectly positioned, causing Hemopneumothorax, a known but avoidable complication.
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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 bench further observed:
"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."
Citing Supreme Court precedents, Justice Nagaprasanna underlined that a deviation from a consented medical procedure cannot be justified unless necessary to save life in an emergency, and in this case, no such urgency was established. The court concluded that the circumstances of Mahadeva’s death demanded a thorough investigation through a criminal process, rather than simply routing the complaint to the Medical Council.
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The petitioner was represented by advocate Sameer Sharma, while HCGP Spoorthy Hegde N appeared for the respondents.
The High Court ordered the jurisdictional police to register an FIR based on Dev’s complaint and proceed in accordance with law.
Appearance: Advocate Sameer Sharma for Petitioner.
HCGP Spoorthy Hegde N for Respondent.
Case Title: Vikas M Dev AND State of Karnataka & Others
Case No: WRIT PETITION No.24162 OF 2024
