Apollo Gleneagles fined Rs 30 lakhs for medical negligence: West Bengal Clinical Establishment Regulatory Commission

Kolkata: The West Bengal Clinical Establishment Regulatory Commission (WBCERC) today found Apollo Gleneagles Hospital as guilty and held three doctors negligent in carrying out the treatment of a baby.

The WBCERC has also awarded a compensation of Rs 30 lakh to the baby's family, who died on April 19.

"Apollo Gleneagles Hospital is guilty of mismanagement and misrepresentation of facts, deficiency in services, negligent. It is also having come to the conclusion that three doctors seemed to be negligent in carrying out the treatment as expected," the Commission said in its order.

Four-month-old Kuheli Chakraborty, who was admitted to the Apollo Gleneagles Hospital for a colonoscopy, died primarily because of an anaesthetic overdose.

The Commission named three doctors  Dr V R Srivastava, Dr Mahesh Kumar Goenka and Dr Sanjay Mahawat for being negligent in carrying out the treatment of the baby "as expected", the report stated.

"The Commission awarded a compensation of Rs 30 lakh to be paid by Apollo Gleneagles Hospitals. Of the Rs 30 lakh, an amount Rs 10 lakh to be paid to the complainant parents, on providing the name for reviving such compensation, within a week and the balance Rs 20 lakh in next three weeks," the order read.

Failure to give compensation in due time by the hospital will make it liable to pay an interest of 9 per cent per annum till the payment is fully made, the commission said.

The WBCERC has also referred the matter of negligent treatment by the doctors to the West Bengal Medical Council.

"The matter of prima facie negligent treatment by the said doctors is hereby also referred to the West Bengal Medical Council... for taking necessary and appropriate action," the order said.

Describing the order as "unacceptable", Apollo Gleneagles Hospital has said it will appeal against it to the "appropriate authorities".

"We respect the Commission. However, with humility we find the verdict is unacceptable and we will appeal against it to the appropriate authorities.

"Over scrutiny into such complicated decisions taken by doctors trying to save lives at all costs will dampen the true spirit of medical profession. We are committed to our core value of providing the best care and clinical results to our patients at all times," the spokesperson of Apollo Gleneagles, Kolkata said.

The Commission constituted under the West Bengal Clinical Establishments (Registration, Regulation and Transparency) Act 2017 is entrusted with the powers and functions of the Act to examine and consider complaints in matters related to patient care service, deviations from declared fees and charges, refusal of supply of copy of medical records and allied matters.

It also has powers to award compensation not exceeding Rs 50 lakh, including interim compensation.

The babys parents Abhijit Chakraborty and Shalu Chakraborty, residents of Joka in the southern fringes of the city, had lodged a complaint with WBCERC alleging medical negligence leading to the death of their daughter.

The hospital submitted its report denying the alleged negligence by the hospital or its doctors when WBCERC had served it a notice.

The Commission had called for a hearing earlier this month and heard both the complainant and the hospital authorities as well as the three doctors.

The parents of Kuheli had approached the Apollo Hospital on a reference from ESI hospital, Joka for treatment.

After the death of the baby, her family had lodged a complaint with the Phoolbagan police station against three doctors and the hospital authorities alleging medical negligence.

The hospital has been under the scanner for medical negligence and malpractices following the death of a patient in February and Apollo Groups managing director Preetha Reddy, who met Chief Minister Mamata Banerjee after the incident, had admitted to lapses in the hospitals healthcare delivery system.