Kozhikode: The police can go ahead with criminal proceedings against the accused for medical negligence in the instance where a pair of scissors was left behind inside the stomach of K K Harshina of Pantheerankavu during a Caesarean section at the Kozhikode Government Medical College hospital, the legal counsel told the cops.
The police can adopt measures, including arrests of the accused and submit the chargesheet by invoking section 338 of the Indian Penal Code in the case registered under the Medical Negligence Act.
The charges draw a penalty of imprisonment of up to two years.
The legal advice was tendered by the district government pleader and prosecutor K N Jayakumar to the investigating officer and Medical College station assistant commissioner of police K Sudarshan.
The counsel stated it is clear that the pair of scissors was left in Harshina’s stomach during the surgery conducted at the Mother and Child Welfare Centre of the medical college on November 30, 2017.
The police too had come to the conclusion earlier. The legal advice has now further substantiated the police finding. The advice stated that prosecution proceedings may be launched against the accused for the pain and difficulties caused to the woman after the botched surgery.
Two doctors and two nurses, who were on the surgical team, are on the list of the accused. While an MRI scan done at a private hospital in Kollam on January 17, 2017, had revealed no metal object in Harshina’s stomach, a pair of scissors was detected five years later inside her body.
After examining the MRI report and circumstantial evidence, the police came to the conclusion that the scissors were indeed left behind in Harshina’s stomach during the surgery at the medical college.
The district medical board had agreed that the scissors left behind in Harshina’s stomach during the surgery was indeed an instance of medical negligence.
However, the board did not agree with the police's finding that the instrument got stuck in the woman’s stomach at the medical college. The board rejected the report including the dissenting notes of the investigating officer and government pleader M Jayadeep.
Even though the police filed an appeal at the state committee against this, they have now received the legal advice to go ahead with criminal proceedings.
Meanwhile, the agitation being staged by Harshina in front of the Kozhikode Medical College seeking justice crossed 97 days.