Cotton mop left in patient’s abdominal cavity: Delhi HC quashes FIR against hospital, senior doctor after settlement

New Delhi, Dec 13 – The Delhi High Court dismissed an FIR that had been lodged against a private hospital and one of its senior surgeons after finding that the medical‑negligence dispute – which stemmed from an allegation that a cotton mop was left inside a patient’s abdominal cavity during a Lower Segment C‑Section – had been “amicably resolved” between the parties.

Justice Amit Mahajan, sitting alone, granted the petition filed by Venkateshwar Hospital and Dr Dipti K. Yadav to annul the FIR registered at Dwarka North Police Station under Sections 336, 337 and 34 of the IPC.

The complainant, who had undergone a C‑section at the facility in January 2021, told the court that she had been paid ₹14 lakh in compensation and no longer wished to pursue the case.

She said, “All the disputes have since been settled, without any coercion, pressure or undue influence,” and added, “continuation of the proceedings would amount to further harassment.”

The original FIR was lodged after the patient claimed that a cotton mop had been inadvertently left in her abdominal cavity during the operation, resulting in a severe infection that required a second surgery.

A prior inquiry by the Delhi Medical Council (DMC) concluded that while the mop was “in all likelihood” left behind during the C‑section, the error appeared to arise from a mistake in counting surgical mops.

The DMC stated that Dr Yadav “did not exercise due diligence which is expected from an ordinary prudent doctor” but emphasized that her conduct was “not reckless or patently want to invite criminal liability.”

The council also ordered the removal of the doctor’s name from the State Medical Register for 30 days and recommended disciplinary action against the scrub nurse who had miscounted the mops.

Justice Mahajan acknowledged the hardship suffered by the complainant but noted that the incident was accidental and lacked the seriousness required to justify a criminal trial, saying “the possibility of conviction is remote and bleak and continuation of criminal cases would put the accused to great oppression and prejudice.”

After quashing the FIR and all related proceedings, the court directed the petitioners to deposit ₹25 000 with the Delhi Police Martyrs’ Fund within four weeks.

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