Apathy kills: Kerala police slaps case on erring hospitals

Kollam: The police registered cases against Medicity medical college, Azeezia medical college and  Meditrina hospital, all in Kollam,  and SUT hospital and Thiruvananthapuram MCH for medical negligence and charged them with sections under IPC 304, culpable homicide not amounting to murder. “These hospitals have been included in the FIR based on the complaint received. The police will investigate further and  take action against all those involved in denying medical aid to the road accident victim,” Ajeetha Beegum, Kollam city police commissioner, told DC.

State police chief Loknath Behra  said, "the Supreme Court has  given guidelines relating to accident victims.  Everyone has  the  responsibility to take an accident victim to the hospital and it is the hospital’s responsibility to give the best possible treatment. The hospitals which refused  admission to the victim without a valid reason have done wrong and I have instructed the police to register a case. Strong action would be taken against those  responsible for this offence,” he said.

The State Human Rights Commission which registered a suo motu case has ordered the Kollam city police commissioner to submit a report within three weeks.  The commission has also recommended action against the private hospitals for dereliction of duty. It  will consider the case in its sitting to be held in Thiruvananthapuram on August 31. Rubbishing allegations that the victim was denied treatment for lack of bystanders, Thiruvananthapuram MCH superintendent said that the patient was transferred to another hospital as ventilator facility was not available.

"All ventilators in every department were engaged. The patient's condition was critical and the duty doctor had gone near the ambulance to examine him. The hospital has facilities to attend patients without bystanders in case of emergencies," he added.  Meanwhile, Health minister K.K.Shylaja termed the incident of denial of treatment to be criminal negligence. A departmental inquiry will be initiated on the issue and culprits will face the music, she said.

Hospitals flout guidelines, frown on mishap victims 
 
The private hospitals often  flout ethical and professional guidelines.  Several judgments by the Supreme Court have laid down procedures to  protect the life of accident victims. As per the Constitution, 1950: Article 21,  ‘Obligation on the State to preserve life,’  every doctor has a professional obligation to extend services to protect life. All government hospitals and medical institutions should provide immediate medical aid in all cases.

The Indian Medical Council Act, 1860: Section 33, ‘Indian Medical Council/Code of Medical Ethics, Clauses 10 and 13, mentions  the obligation to the sick that the patient should not  be neglected.  Article 32 of the Constitution asks for a direction to the Union of India that every injured citizen brought for treatment should  be given medical aid to preserve life and thereafter the procedural criminal law should be allowed to operate to avoid negligent death.  And in the event of breach of such direction, apart from any action that may be taken against  the negligence, appropriate compensation should be admissible.

The Medical Council of India has also stood by the law that  “all medical practitioners must attend to the sick and injured immediately and it is the duty of the medical practitioners to make immediate and timely medical care available to every injured person whether he/she is injured in accident or otherwise. It is also submitted that the formalities under the Criminal Procedure Code or any other local laws should not stand in the way of the medical practitioners attending an injured person.” According to the code of medical ethics by MCI (Code of Medical Ethics Regulations, 2002), the doctors and by extension hospitals can’t deny treatment in case of threat to life or limb.