NEW DELHI: A Delhi court has suspended the registration of FIR against a doctor from Lok Nayak Hospital in a case linked to alleged medical negligence in treating a patient’s kidney in 2005.
Additional hearings, Judge Charu Aggarwal, in an interim injunction, overruled the decision of the magisterial court that oversaw the registration of FIR against the doctor for alleged medical negligence.
The magistrate had taken the order on the basis of Ravindra Nath Dubey’s complaint alleging that Dr Yogesh Kumar Sarin, who was then the head of pediatrics at Lok Nayak Hospital, had performed a nephrectomy on his son and his kidney deleted without permission.
Sarin contested the order, arguing through criminal defense attorney Namit Saxena that he had obtained written consent from the complainant, and was also acquitted in five investigations.
The lawyer told the court that Sarin has been a senior doctor at Lok Nayak Hospital for the past 16 years and that several medical committees, including the Delhi Medical Council, have given him a clean slate during that period.
The Sessions Judge in the order dated November 23 said: “Considering the reports of various medical councils, including those of the Delhi Medical Council, the disputed order is hereby deferred to further injunctions, without prejudice to the rights and claims of the parties as to the merits of the case.”
During the procedure, Saxena argued that the doctor was falsely involved and that the complainant was harassing him.
He also posted the reports of all the committees that gave Sarin a clean slate.
The lawyer argued that when adopting the contested decision on the complaint submitted in 2016, the court did not appreciate the reports of various medical boards that found that there was no medical negligence.
In the meantime, counsel for the complainant stated that the contested injunction had been adopted after having taken cognizance of all the facts and circumstances of the case and that therefore no grounds for suspension had been put forward.
The case will now be heard on November 30.