Bengaluru: The Karnataka High Court has observed that violating the sanctity of medical care amounts not only to medical negligence but also desecrates the inherent dignity of human life. The court has directed the state government to register an FIR and conduct an investigation against two doctors who allegedly performed surgery on a patient without his consent.

Justice M Nagaprasanna, who heard a petition filed by Vikas M Dev, son of the deceased patient, issued this order while ruling that the right to live with dignity cannot be destroyed either by law or by negligence. “When a person who has lost his father due to medical negligence approaches the court seeking an investigation, it is not possible to send him away without remedy,” the court noted.

According to the medical committee report submitted by the hospital and the state government, the insertion of a catheter led to hemopneumothorax (blood and air accumulation in the chest cavity). The report stated that timely and appropriate treatment could have improved the patient’s condition. It further revealed that the catheter was mistakenly placed on the left side, causing severe bleeding, low blood pressure, and breathing difficulties — all of which could have been avoided with proper care.

Vikas M Dev, a resident of Nagarabhavi, had filed the petition seeking action against the doctors whose alleged negligence led to his father Mahadev’s death. Mahadev, who suffered from chronic kidney disease, visited Dr. Veerabhadra Gupta at JM Hospital on February 19, 2024, for dialysis. He was advised to undergo an HD catheter insertion procedure.

Later, during a follow-up on March 29, doctors recommended replacing the existing HD catheter with a permacath and referred Mahadev to Dr. KB Sumanth Raj for surgery. The procedure was scheduled for April 4. According to Vikas’s petition, he gave consent for inserting the permacath on the right side.

However, the surgery, which was supposed to last 30 minutes, reportedly went on for four hours, during which the doctors allegedly inserted the catheter on the left side without informing the family. Post-surgery, Mahadev experienced severe pain, and no blood flow was detected through the catheter. His health deteriorated, and he was shifted to Fortis Hospital on April 5. Despite further treatment, Mahadev suffered a cardiac arrest and passed away on April 15.

Unhappy with the outcome, Vikas approached the court accusing the doctors at both hospitals of negligence and performing an unauthorized procedure that ultimately led to his father’s death.

The High Court has now directed the police to register an FIR against the doctors involved and carry out a thorough investigation.