NEW DELHI: A city court directed police to reopen and expand its probe into allegations of negligence and falsification of records at Fortis Hospital, Shalimar Bagh, after it rejected a closure report.The matter arises from a 2019 FIR lodged by Sapna Jain, who alleged that her son, born in 2017, suffered irreversible hypoxic brain injury at birth due to negligence. Judge asks DCP to submit a detailed report in 3 months The injury, she said, left the child with cerebral palsy, epilepsy, and in a permanent vegetative state.Jain accused two doctors – Dr Vivek Jain and Dr Akhilesh Singh – of falsely presenting themselves as specialists in neonatology and pediatrics despite lacking the requisite qualifications. She alleged that the hospital tampered with medical records, withheld resuscitation notes, and issued a fabricated “fitness certificate” at the time of discharge.Delhi Medical Council, on May 21 this year, barred the doctors from identifying themselves as neonatologists or super specialists.Despite these developments, police submitted a closure report more than four years after the FIR. The complainant argued the probe was perfunctory and collusive, failing to address key issues. The court agreed, observing that the report lacked “comprehensive investigation”. “The court cannot be unmindful of the fact that the closure report was filed without thorough inquiry. Allegations of unqualified practice by doctors, falsification, and concealment are serious in nature and warrant thorough investigation,” the order said.The judge directed the deputy commissioner of police (DCP) concerned to personally supervise reinvestigation and file a detailed report within three months and listed it on Dec 22.The court listed several areas requiring deeper inquiry, including whether Dr Jain, without possessing CCT after MRCPCH (UK), could legally represent himself as a neonatologist in India post the 2008 notification; whether Dr Akhilesh Singh, holding only an MBBS degree, impersonated as a specialist; and whether records were falsified. It also asked investigators to determine the exact cause and timing of the brain injury – before, during, or after birth.The order by Gaurav Katariya, judicial magistrate first class, Rohini court, further called for examination of medical and nursing staff involved in NICU care, recording the statement of another parent alleging similar negligence, and checking for other complaints against the hospital. It also flagged why essential brain screening tests such as EEG, MRI, and USG were not performed on the child. It also directed a fresh medical opinion from a board including at least one pediatric neurologist.Responding to the order, Fortis Hospital, Shalimar Bagh, said: “The proceedings before the trial court in a protest petition were done without hearing the concerned doctors. The order 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. 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 high court, and the related petition is sub judice. The hospital and dedicated doctors committed to providing the highest standards of medical care will take their remedies in accordance with law.”
