Many people feel that the field of medicine in India is run purely for the profit motive; that there are medical practitioners who are callous and indifferent to the Hippocratic Oath that enjoins them to be caring and compassionate to those whom they treat. While this may or may not be true, the headlines that one reads from time to time do make us question the commitment of the Indian health care industry to the care and well-being of their patients. The recent incident involving Max Hospitals and the events that unfolded has done nothing to reassure us either.
The incident occurred in Delhi, at Max Hospital in Shalimar Baug. Twins – a boy and a girl – were born prematurely at the hospital. The babies were born and the hospital declared the twins dead. However, one of the prematurely born newborn twins was actually alive! The boy was found alive by the family and is now undergoing treatment. ‘Champ’ as the baby is being called by his family is now improving!
The matter is being termed as “shocking criminal negligence” and inquiries have been initiated into the matter. The baby girl died soon after birth while the baby boy remained critical. The doctors also told the family that the surviving baby would need months of ventilator support costing between 45 and 50 lakhs.
As per reports, the surviving twin was declared dead a few hours later. The bodies of the two babies were handed to the family in two plastic bags. However, apparently, when the family was going for the last rites, they noticed some movement in one of the bags and found that the boy was breathing. The family filed a complaint of attempt to commit murder upon the hospital and its staff.
Following the incident, the two doctors responsible for the incident have been fired by the hospital authorities. The hospital is also said to be offering all possible support to the affected family. However, only damage control may not be enough. This matter has become a national headline forcing the authorities to step in.
“Once the report comes out, toughest action will be taken. And, if the hospital is found guilty of medical negligence, then its licence can also be cancelled,” Delhi health minister Satyendar Jain was reported to have said. The minister also indicated that the hospital’s license may be cancelled if it is found that criminal negligence is detected.
It remains to be seen if a threat of this sort will result in an improved standard of care in Indian hospitals. It is well-known that Indian medical practitioners are known to indulge in and abet criminal activities such as carrying illegal prenatal sex determination tests and subsequent abortion of female fetuses. Over the years several rackets relating to fraudulent removal and illegal sale organs have also come to light.
The cases of medical negligence are also many; some of which don’t come to light or are never prosecuted. Those that are prosecuted become salutary lessons for the medical community as well as patients. In the matter of Pravat Kumar Mukherjee Vs. Ruby General Hospital, a case of medical negligence was made out when the hospital demanded money for treatment; the delay resulting in the death of an engineering student. In the matter of V.Krishan Rao Vs Nikhil Super Speciality Hospital 2010, the hospital gave the wrong treatment to the patient and here as well the hospital was ordered to pay compensation to the complainant. In the Kunal Saha Vs AMRI (Advanced Medical Research Institute) matter, doctors were negligent in prescribing a medication that aggravated an existing medical condition leading to death.
When courts return decisions in favour of plaintiffs; awarding damages to families who are negatively impacted or bereaved, this serves as a lesson to the medical community. It remains to be seen whether the case of Max Hospital will do the same; whether the extreme step of cancelling the hospital’s license will be taken and whether this will prompt the medical community to offer a higher standard of care to patients.
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