The Allahabad High Court on Thursday strongly criticised the functioning of private hospitals. It refused to quash criminal proceedings against a doctor accused of medical negligence in the death of an unborn child.
Justice Prashant Kumar was hearing the case of Dr Ashok Kumar Rai. Dr Ashok Kumar Rai owns a private nursing home. He had admitted a pregnant woman for surgery. The Court found that he went ahead with the admission despite not having an anesthetist present at the time. The anesthetist arrived several hours later, by which time the foetus had already died.
“It is common knowledge that private hospitals and nursing homes have started treating the patients as guinea pigs. They also use them like ATM machines only to extort money.,” the Court remarked, expressing concern over a growing trend of such unethical practices.
According to the complaint, consent for the operation was obtained around noon. However, the surgery was conducted only at 5:30 PM. The Court noted that the delay was due to the non-availability of an anesthetist. It was not the fault of the patient’s family. The Court rejected the argument that the family was reluctant to proceed with the surgery at the appropriate time.
The judge stated that any medical professional who performs duties with diligence must be protected. However, such protection cannot extend to those who run nursing homes without adequate facilities and infrastructure. It also does not include those who admit patients only to profit off them. They are not prepared to treat these patients.
Justice Kumar also cast doubt on the opinion of the Medical Board. The Board had favoured the doctor. He pointed out that all necessary documents were not made available to the Board before it reached its conclusion.
The Court raised concerns over the consumer complaint filed by the deceased child’s family. This complaint has remained pending for more than 16 years in the Consumer Court. The matter was not under challenge in the current case. However, the judge called attention to the extraordinary delay. He stated he was refraining from commenting further on it for procedural reasons.
In conclusion, the High Court found that a prima facie offence had been made out against the doctor. There was no ground to interfere with the ongoing proceedings. The plea to quash the criminal case was accordingly dismissed.
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