The court drew the line between a mishap and a crime
Issue -
October - 2026, Posted On: 01 October 2026
A scalp injury sustained by a newborn during a Caesarean section led to criminal proceedings against the operating gynaecologist, but the Calcutta High Court ultimately held that the unfortunate surgical mishap did not amount to criminal medical negligence.
The baby suffered a minor scalp laceration during a repeat Caesarean delivery. The injury was immediately identified, sutured and appropriately managed, following which the newborn recovered well and was discharged in satisfactory condition. Nevertheless, the child's father lodged a criminal complaint alleging negligence, claiming that a similar injury had occurred during the birth of their first child, also delivered by the same doctor several years earlier.
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