Delhi High Court Quashes FIR Against Hospital & Gynaecologist for Retained Cotton Mop During C-Section

Delhi High Court Quashes FIR Against Hospital & Gynaecologist for Retained Cotton Mop During C-Section

The Delhi High Court quashed an FIR alleging criminal medical negligence against Venkateshwar Hospital and its senior gynaecologist for leaving a cotton mop inside a patient’s abdomen during a C-section.

The Court observed that while the lapse was serious and warranted censure, it did not reflect recklessness or the mens rea required for criminal prosecution, making it a matter more suited for civil liability

The patient confirmed receiving ₹14 lakh compensation and expressed no desire to continue the criminal proceedings.

The FIR was quashed subject to payment of ₹25,000 by the hospital and doctor to the Delhi Police Martyrs’ Fund.

[Venkateshwar Hospital & Anr. v. State of NCT Delhi & Anr.]

Read order / 3 months ago

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