More Trouble for Fortis: More criminal Sections in FIR, More doctors to face prosecution

Chandigarh: Trouble seems to be mounting for Fortis Memorial Research Institute (FMRI) Gurugram, as the authorities are now planning more action against the hospital on the 7-year-old dengue death case.

Land Lease Cancellation Likely 

Medical Dialogues team had earlier reported that following the death of a 7-year-old girl who was suffering from dengue, the Fortis Gurugram terminated the services of two doctors who were treating the girl. Later with more hue and cry of media as well as the public, the state government removed the hospital from the government panel with Haryana's health minister Anil Vij writing to the authorities seeking the cancellation of Gurugram Fortis ' land lease.

TOI reports that following the same the DG (health) has asked Huda to cancel allotment of the land to Fortis in Sector 44, a prime location opposite Huda City Centre metro station, and file an action taken a report. HUDA itself is in a fix, as the land development authority cannot cancel allotment on grounds of medical negligence, and can initiate action against only if terms and conditions of the allotment agreement were violated. "We are waiting for official communication from the chief administrator of Huda. The authority will take action according to rules," Yashpal Yadav, Huda administrator, Gurgaon told TOI.

High Court's intervention

HT reports that the Punjab and Haryana high court has questioned the Haryana government why it has booked only one doctor in a case but no action has been proposed against others as multiple persons would have been responsible for different aspects of the treatment. The HC also observed that the matter should have been probed by a special investigation team (SIT) and not by an individual. The court was hearing a suo motu petition initiated by the high court adds the daily.

 

More Criminal Charges added

On basis of the victim's father complaint as well initial investigation, the Haryana government initiated both civil and criminal action against the hospital.

"On the basis of the report, an FIR was registered against the hospital under section 304 (2) of the Indian Penal Code (IPC) in the Sushant Lok Police Station (Gurgaon). The other criminal action against the hospital is being taken under the Epidemic Diseases Act," the spokesperson said.

This is being done on the directions by state Health Minister Anil Vij, the spokesperson said in an official release.

A probe committee constituted to investigate the matter had earlier submitted its report to the health department.

"The department has directed the Civil Surgeon, Gurugram, to provide one copy with each of the reports to the parents of the child and the hospital, and one copy to the police with instructions to initiate a criminal inquiry against the hospital," the spokesperson said in the statement.

"For this negligence, the health department would get a case registered against the hospital under section 188 of the IPC (Disobedience to order duly promulgated by public servant)," the spokesperson said.

Besides the two criminal inquiries, a civil action on three counts was also being taken to the hospital, he added.

"The Drug Controller Department has issued a notice to the pharmacy running in the hospital for various shortcomings found and a reply is awaited. The State Drug Controller would take a decision on the reply and license of the pharmacy may be suspended under the Drugs and Cosmetics Act, 1945, or may be cancelled," the spokesman said.