Local Court Issues Notice to Delhi Police in Medical Negligence Case

A local court has reprimanded the Delhi Police for its handling of a medical negligence case and has issued a notice to a joint commissioner, demanding a report explaining the delay in completing the investigation.

The case involves five-year-old Devarsh Jain, who suffered brain bleeding during birth in August 2017, but the birth injury was only diagnosed seven months later, leaving him paralyzed.

Devarsh’s parents allege that Fortis Hospital, Shalimar Bagh, where the birth took place, intentionally concealed the birth injury, depriving their child of timely treatment. The hospital has denied any wrongdoing.

Metropolitan Magistrate Ritika Kansal, in an order dated June 30, expressed dissatisfaction with the status report submitted by the police, stating that incomplete medical records were provided by the investigating officers. The magistrate directed a notice to be issued to the Joint Commissioner, seeking an explanation for the delay in completing the investigation.

The magistrate also noted that the status report mentioned that the two doctors accused of negligence possessed genuine MBBS degrees and related medical qualifications, contrary to the stance taken by the National Medical Commission. The commission had stated in an affidavit before the Delhi High Court that one of the doctors only holds an MBBS degree, with the other qualification being unrecognized.

The case was registered in October 2019 based on a complaint by Sapna Jain, Devarsh’s mother. Fortis Hospital received a clean chit from the Delhi Medical Council, which Sapna Jain challenged and obtained a stay from the high court. Sapna Jain also questioned the educational qualifications of Dr. Vivek Jain and Dr. Akhilesh Singh, who treated her child, in a separate petition before the Delhi High Court.

The matter will be heard further on July 27, as scheduled by the metropolitan magistrate.