Court drops C-section ‘negligence’ case, notes couple returned to same doctor despite firstborn’s injury

6 min readNew DelhiJun 16, 2026 02:50 PM IST

The couple's first baby was delivered by the same doctor at the same hospital about four years before and that child too had a similar scalp injury, it was alleged. (AI-generated image)

Ruling that the newborn’s scalp injury was properly managed and did not establish rash negligence endangering human life, the Calcutta High Court has quashed a criminal case against a gynaecologist accused of medical negligence during a caesarean delivery.

Justice Chaitali Chatterjee Das observed that despite the man alleging a similar injury to his firstborn under the same doctor’s admission, due to which the child has no hair on that spot, the couple chose the same doctor and hospital for their second child’s birth, indicating their faith in the doctor.

“Essential ingredient to attract this offences is that the accused must did it rashly or negligently and the act was such as to endanger human life, or personal safety of others and give us how it was caused in consequence of such act,” the June 16 order noted.

Justice Chaitali Chatterjee Das was hearing a matter alleging medical negligence.

Complaint and surrender

The petitioner is a registered medical practitioner and has completed her MBBS examination from RG Kar Medical College and Hospital under the University of Calcutta in 1996.

A man lodged a complaint against the doctor, alleging medical negligence and mismanagement during a caesarean delivery (C-section) which led to the birth of his child at Woodland Multi-Speciality Hospital in Alipore.

On March 12, 2016, the doctor surrendered before the court of the Chief Judicial Magistrate,  Alipore.

An enquiry committee of the deputy director of health services, West Bengal, conducted an enquiry where the doctor failed to justify her case, and a chargesheet was filed against her under Section 338 (causing grievous hurt) of the Indian Penal Code (IPC).

On September 22, 2016, the doctor submitted her case before the West Bengal Medical Council.

Subsequently, the matter was referred to the panel and the ethical cases committee of the state council, which believed that the fatal scalp injury which occurred inadvertently during the caesarean delivery was properly managed, and found that there was no negligence on the part of the treating doctors.

Medical negligence or not?

Advocates Shibaji Kumar Das and Deblina De, representing the doctor, submitted that the entire allegations levelled against her in the complaint and chargesheet are totally false, frivolous and baseless.

It was submitted that the medical treatment sheet of the patient will clearly and categorically prove that there was no medical negligence on the part of the petitioner.

It was contended that the respondent illegally implicated the petitioner with an intent to defame and harass her unnecessarily.

The advocates strenuously argued that the medical council, enacted under the Bengal Medical Act, 1914, to provide for the registration of medical practitioners in the state, did not find any negligence against the doctor.

First child has bald spot after injury

The counsel for the doctor submitted that in view of the subsequent observation made by the medical council, it is evident that the investigation was superficial, and hence the proceeding is not maintainable in the eyes of the law.

The counsel on behalf of the complainant vehemently opposed the doctor’s contention and argued that when the child was shown to him, he found an injury over the head of the baby and the doctor had explained it as a minor cut mark which, on stitching, would be cured within a few days.

It was contended that his first baby was delivered by the same doctor at the same hospital about four years ago and the baby girl also had a similar nature of injury almost in the same place, a hairless spot which they were told would get cured, and that the hair will grow, but it did not happen, due to which the child is still suffering.

It was argued that when a similar nature of mistakes happen by the same doctor in the same hospital, it suggests there is medical negligence, and the chargesheet has been submitted in this case, which prima facie establishes the allegation level against the doctor, and the doctor should face the trial.

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‘Doctor took all necessary steps’

The Calcutta High Court noted that the medical council order passed by the doctor, and all other materials, evidently show that the minor suffered a scalp injury which occurred at the time of the caesarean delivery, and it was properly managed.

The court observed that the complainant had not lodged any complaint about the post-caesarean medical care given to the baby or the mother, and she was discharged with a healthy baby and in satisfactory condition.

The court said that the doctor, having sufficient experience in the field, took all the necessary steps since no allegations of negligence in not taking appropriate steps were raised or assailed by the complainant, and that the baby was discharged healthy and safe.

Therefore, on careful consideration of the facts and circumstances of the case, and the discussions made, the court did not find that the doctor was unqualified to treat the patient or that any negligence was there on her part in following the procedure.

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Somya Panwar works with the Legal Desk at The Indian Express, where she covers the various High Courts across the country and the Supreme Court of India. Her writing is driven by a deep interest in how law influences society, particularly in areas of gender, feminism, and women’s rights.

She is especially drawn to stories that examine questions of equality, autonomy, and social justice through the lens of the courts. Her work aims to make complex legal developments accessible, contextual, and relevant to everyday readers, with a focus on explaining what court decisions mean beyond legal jargon and how they shape public life.

Alongside reporting, she manages the social media presence for Indian Express Legal, where she designs and curates posts using her understanding of digital trends, audience behaviour, and visual communication. Combining legal insight with strategic content design, she works on building engagement and expanding the desk’s digital reach.

Somya holds a B.A. LL.B and a Master’s degree in Journalism. Before moving fully into media, she gained experience in litigation and briefly worked in corporate, giving her reporting a strong foundation. ... Read More

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