Delhi: Court tells police to file FIR against Fortis Hospital

The complaint, filed by advocate Sachin Jain, has named six directors of Fortis Hospitals Ltd, Fortis Healthcare Ltd and Fortis La Femme Ltd. Jain also named paediatrician Dr Akhilesh Singh, Dr Ritu Verma from the gynaecology department and HOD of the Neonatal ICU Dr Vivek Jain.

The complaint sought registration of an FIR under various IPC sections, including 406 (criminal breach of trust), 420 (cheating), 120-B (criminal conspiracy), 325 (voluntarily causing grievous hurt), 308 (attempt to commit culpable homicide) and 193 (false evidence) against the hospital, its directors and doctors who performed the operation.

The boy was born on August 12, 2017, following an emergency C-section at Fortis, Shalimar Bagh. The mother, in the complaint, alleged that she was informed by doctors that her son did not cry after birth. The boy was later discharged after 12 days in the ICU, with a false fitness certificate, the complaint read.

Metropolitan Magistrate Virender Singh said the allegations against the hospital management and doctors concerned were “serious in nature” and gave the SHO three days to file the FIR. He directed an assistant commissioner of police to collect evidence and said the case required scientific investigation.

As per the complaint, when the parents started noticing issues with their child, they approached Dr Vivek, who allegedly told them the boy was medically fit. They then took their child to several private hospitals, with the discharge summary, because of which the problem could not be diagnosed.

“The child… could never reveal his pain to us and kept suffering… all these months. He used to hit his head on our shoulders but we were clueless about the inside injury. Unfortunately, after six-seven months, he stopped recognising us… We rushed him to Dr Vivek Jain, who declared he has neurological problems and advised us to see a paediatric neurologist,” the complaint read.

The parents then took their son for an MRI, which showed he had suffered a hypoxic brain injury during birth. He suffers from West Syndrome, characterised by intellectual disability and severe epilepsy, due to bleeding in the brain, the complaint read.

A spokesperson from Fortis Hospital said they are yet to receive an order from the court. He also said the Delhi Medical Council, in an order in August, had said that “no medical negligence can be attributed on the part of doctors at Fortis Hospital, Shalimar Bagh”.

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