A Delhi court has directed the Delhi Police to conduct an investigation and file a detailed report within three months in a case where two doctors were accused of medical negligence and record-tampering at Fortis Hospital in Shalimar Bagh.
The court rejected the closure report filed by the investigating officer in 2023, which stated that no case was made out against the accused persons.
The case stems from an FIR filed in 2019 by Sapna Jain, who alleged that her son sustained permanent hypoxic brain damage during his birth in 2017 as a consequence of the hospital’s negligence. Hypoxic brain damage occurs when the brain is deprived of sufficient oxygen, leading to the death of cells and potentially long-term cognitive, behavioural and motor disabilities.
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The petition filed by the mother said that the National Medical Commission (NMC) and the Delhi Medical Council (DMC) have raised doubts about the qualifications of the accused doctors, Dr Akhilesh Singh and Dr Vivek Jain.
Dr Singh was found to have only an MBBS degree, while his additional qualifications were unrecognized. Dr Jain claimed Membership of the Royal College of Paediatrics and Child Health (MRCPCH), a postgraduate qualification for pediatricians in the United Kingdom, but he did not possess the Certificate of Completion of Training (CCT), which is mandatory for enrolment as a specialist in both the UK and India.
In its order passed on September 22, the court observed that several critical issues remained uninvestigated. These include whether Dr Jain, lacking a CCT, was legally permitted to present himself as a neonatologist or super-specialist in India after the government in 2008 made this certification an eligibility condition for registration; and whether Dr Singh, who holds only an MBBS degree, falsely represented himself as a specialist in violation of the law.
The court also noted unresolved allegations of falsification and fabrication of medical records, including the suppression of resuscitation notes. Key medical questions also remain unanswered, such as determining the cause and timing of the child’s brain injury, including whether it occurred before, during, or after birth.
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The court also emphasized the need to examine all medical and nursing staff involved in the child’s care during the stay in the neonatal intensive care unit (NICU), and to record the statement of Dr Alok Kumar, whose child allegedly suffered similar negligence, as stated in the protest petition.
Additionally, the court called for an investigation into any prior complaints or incidents of negligence involving the doctors or the hospital. It asked why essential neurological tests like EEG, MRI, or USG, which are carried out in similar cases, were not performed on the child.
Finally, the court directed that a fresh medical opinion be obtained from a board that includes at least one pediatric neurologist, along with a clinical evaluation of the child.
“The court cannot be unmindful of the fact that the closure report has been filed without the comprehensive investigation as allegations of unqualified practice by Doctors, falsification and concealment are serious in nature and warrants thorough investigation,” the court said.
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Responding to the court order, Fortis Hospital said in a statement that it was examining the order, and appropriate steps would be taken after obtaining legal advice. The statement said that no negligence was found in the expert opinion of the Delhi Medical Council and Guru Tegh Bahadur Hospital.
“The proceedings before the Ld. Trial Court in a protest petition was done without hearing the concerned doctors. The order of the learned Trial Court is being examined, and the next steps will be taken as may be legally advised to ensure the rights and interests of all parties are appropriately considered,” the hospital said in its statement.
“There are already two expert opinions in respect of the medical treatment rendered to the patient from the Delhi Medical Council and Guru Tegh Bahadur Hospital, wherein they found no negligence… Further, the FIR has been challenged before the Hon’ble High Court, and the related petition is sub judice,” the statement said.
In May this year, the Delhi Medical Council (DMC) had written to the medical superintendent of the hospital that Dr Akhilesh Singh and Dr Vivek Jain could not claim the status of neonatologist and practise as super specialists amid the ongoing inquiry. “Their credentials as qualified pediatricians are also pending inquiry,” the DMC said.
The aggrieved mother alleged that the hospital concealed the child’s injury from her by fabricating medical records. “The child eventually became permanently vegetative and developed a rare medical condition known as ‘West Syndrome’. He is living in deep pain and suffering from a high degree of epilepsy and cerebral palsy,” the petition said.
She also claimed that the child had remained in the NICU at Fortis Hospital for 11 days after birth, after which Dr Jain and Dr Singh had discharged him, stating there was no sign of injury.