During a routine Caesarean section, an obstetrician inadvertently caused a minor cut above the newborn’s ear. The medical team immediately stitched the wound and managed the injury. The infant was later discharged in good health.
Aggrieved by the incident, the father lodged a police complaint alleging criminal negligence. He pointed out that their elder child had also suffered a similar scalp mark four years earlier under the same doctor’s care.
Police filed a criminal charge sheet, despite the State Medical Council finding no negligence in the treatment provided.
The Calcutta High Court intervened and quashed the criminal proceedings against the obstetrician. It held that an inadvertent surgical mishap does not amount to criminal rashness. The court reiterated that police cannot prosecute doctors without first obtaining an independent medical opinion pointing to rashness or recklessness on the part of the accused doctor.
MedLegal Safety Insights
Doctors must provide immediate, appropriate, and transparent remedial care whenever a mishap occurs. Proper documentation of post-incident care also provides strong protection against unwarranted legal claims and prosecution.
Patients must understand that an inadvertent accident or an unanticipated complication is not professional negligence. They must not have unrealistic expectations of treatment and interventions. A doctor is, after all, human.
Source
Order pronounced by the Calcutta High Court on 15th June 2026.
