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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