Cardiologist attacked while police present at hospital: Kerala HC terms it tragic, seeks investigation report

Ernakulam: Taking cognisance of the recent attack on a Senior Cardiologist in Calicut, the division bench of Kerala High Court termed the incident as "tragic".

Further taking note of the submission that the Cardiologist had been attacked when Police were present in the hospital, the HC bench observed, "If this is true, then it cannot be countenanced by us in any manner."

With this observation, the HC bench has directed the Commissioner of Police, Calicut city to file a detailed report under his own name, before the court by the next posting date.

At this outset, the bench further observed, "While doing so, the Commissioner will also keep in mind the submissions made at the Bar, that the accused were not arrested, but that they surrendered much later; and that the FIR was registered nearby twenty four hours after the incident."

The observations were made by the High Court bench in respect of the recent attack on a Kozhikode-based senior cardiologist over the alleged delay in a pregnant woman's treatment. Medical Dialogues had earlier reported that the incident took place on when a group of people accompanied a pregnant patient who got admitted to the facility.

Also Read: Miscreants break Senior Cardiologist's nose for alleged delay in treatment, Kerala Doctors see red

The doctors had indicated that even though the patient underwent C-Section surgery, the baby could not be saved as her health condition was constantly deteriorating. Meanwhile, the relatives of the patient started creating a ruckus in the hospital alleging that the patient lost the baby due to the medical negligence of the doctors and the hospital staff.

They broke the glass wall that separates the nurses' area, attacked the senior cardiologist's husband when he returned to the hospital. According to reports, the miscreants pushed the doctor and he fell. He sustained injuries, his nose broken and some teeth dislodged. All of these took place despite the presence of the police.

When the Kerala HC bench was considering a plea filed by Kerala Private Hospitals Association, the counsel for the petitioner brought to the Court's notice about the recent attack on the Senior Cardiologist in Calicut.

Terming it to be tragic, the bench noted, "This is tragic because, we have issued several orders, including that the Police must register a First Information Report (FIR) within the first one hour of the attack; but, to make matters worse, Sri.K.Anand says that the Cardiologist was attacked at a time when the Police were, in fact, present in the hospital."

"The submissions of Sri.K.Anand are shocking, because even when the matter is seized by us, attacks seem to continue against Doctors and Medical Personnel," it observed.

Directing the Police Commissioner, Calicut city to file a detailed report under his own name, the HC bench further noted, "While doing so, the Commissioner will also keep in mind the submissions made at the Bar, that the accused were not arrested, but that they surrendered much later; and that the FIR was registered nearby twenty four hours after the incident."

"Prima facie, these are in violation of our orders and we, therefore, expect the Commissioner of Police to come out with the truth in his statement," observed the bench.

Last year, the HC bench had suggested the Government to consider deploying police presence in hospitals, especially in the most sensitive areas and later extend it to other hospitals as well. Such observations had come from the High Court bench while it was considering a case related to the an attack on a nurse and a doctor at Neendakara Taluk Hospital.

Medical Dialogues had earlier reported that while considering the matter, the High Court had referred to the reports of 'routine' attacks on Healthcare personnel and observed that even though Kerala Healthcare Service Act 2012 has provision for strict penalties for assault against healthcare workers, the legal provision was not sufficient to stop the assaults.

Taking note of the increasing number of attacks upon doctors, the HC bench had earlier directed the police authorities to ensure that a First Information Report (FIR) gets registered on every incident of violence within one hour.

During the last date of hearing, the HC bench in a landmark move had decided to directly take cognizance of the complaints regarding violence against doctors, nurses or other healthcare professionals.

Leaving liberty to the parties to notify the court about such instances of violence against medical professonals, the HC bench comprising Justices Devan Ramachandran and Dr. Kauser Edappagath had also clarified in the order that it "will not shy from taking cognizance of such instances and to monitor investigation/action as are warranted against them."

In the recent hearing of the case on Wednesday, the bench took note of the recent attack on the Senior Cardiologist. Further, Dr.Rajeev Joshi of the Medico-Legal Society of India also informed the bench about a similar instance happened at Muvattupuzha, when two Senior Doctors were wrongly restrained and assaulted. Dr Joshi placed on record the FIR and other documents, along with the Memo filed by him, which also includes a complaint preferred by his Organization.

Taking note of his submissions, the HC bench directed the Superintendent of Police, Ernakulam (Rural), to file a report regarding the incident and also submit about the action taken and the progress of investigation.

"We, therefore, direct the Superintendent of Police, Ernakulam (Rural), to file a report qua this incident, detailing the action taken and the progress of the investigation," the bench ordered.

It further noted, "We notice with some frustration that, even in this case, the FIR does not, prima facie, appear to have been registered within the time frame that we had earlier fixed. This will be kept in mind by the Superintendent of Police, Ernakulam (Rural) while filing his report."

To read the HC order, click on the link below:

https://medicaldialogues.in/pdf_upload/kerala-hc-order-204405.pdf

Also Read: Report Violence Against Doctors directly to court: Kerala HC to HCPs