FIR against Gynaecologist in pregnant woman's death case

Pune: A Pune-based gynaecologist, who resigned from his position two weeks ago, has been booked in an alleged medical negligence case following the death of a pregnant woman, wife of BJP MLC Amit Gorkhe's personal secretary, after allegedly being denied admission due to the non-payment of Rs 10 lakh advance deposit at Deenanath Mangeshkar Hospital. 

The Pune police took this action following a recent report submitted by the Sassoon General Hospital committee, which confirmed that the attending doctor had been negligent in handling the woman’s case. The report stated that the doctor had deliberately delayed her treatment, and this lack of timely medical intervention led to complications that ultimately caused her death. 

Based on the report and a complaint filed by the deceased woman's sister-in-law, the police registered a First Information Report (FIR) against the doctor under Section 106(1) of the Bharatiya Nyaya Sanhita (BNS), pertaining to causing death by negligence not amounting to culpable homicide. 

Also read- Pune Police seeks clarity in Sassoon Hospital report on woman's death

Medical Dialogues recently reported that a seven-month pregnant woman carrying twins died after allegedly being denied admission at the Deenanath Mangeshkar Hospital in Pune due to non-payment of an advance of Rs 10 lakh. The 30-year-old woman was reportedly facing severe pregnancy-related complications when she was rushed to the hospital, but was turned away for treatment.

The woman's husband alleged that the hospital demanded a sum of Rs 10 lakh for treatment, even as he expressed his willingness to pay Rs 2.5 lakh upfront. He alleged that the hospital's refusal to admit her or provide immediate medical care caused significant delays. As her condition deteriorated, the situation became increasingly critical. Left with no choice, the family rushed her to another hospital, but tragically, she passed away shortly after giving birth to her twin daughters.

While the doctor has been booked, he cannot be arrested now since the BNS does not mandate an arrest. Therefore, the police took a record of his detailed statements and launched an investigation in this regard. A chargesheet in the case will soon be filed, and a report will also be sent to the medical council for further departmental action. It is reported that a notice will be issued to the doctor soon. 

A senior police officer told HT, "As the offence carries a maximum punishment of five years, the legal provisions under the BNS do not mandate an arrest." 

SGH latest report

A six-member committee of the Sassoon General Hospital submitted its fresh final report on the woman's death to the police on Saturday. The report concluded that despite the high-risk nature of the delivery, she was not admitted and treated in time. Dr Ghaisas showed insensitivity and medical negligence, which resulted in her death, the report alleged.

According to the report, the woman was kept in the assessment room at DMH for over four and a half hours without initiating treatment due to non-payment of the deposit. This suggests that the doctor failed to provide care during the crucial golden hour, which resulted in complications that eventually caused her death.

It is to be noted that the panel had submitted its final report on April 16, blaming DMH for the woman's death, but police sought clarity on some ambiguous findings. Therefore, a revised report was submitted on Saturday, which confirmed the negligence on the part of the treating doctor. 

Previous SGH report

The previous final report prepared by a committee of the Sassoon General Hospital did not directly blame any hospital or doctor for medical negligence in the woman's death, but highlighted several lapses in treatment by four hospitals. It raised serious concerns about the role and decisions of the four healthcare facilities involved in her treatment.

The woman underwent in vitro fertilisation (IVF) at Indira IVF Centre, delivered her babies at Surya Hospital, and was later taken to Manipal Hospital, where she passed away on March 31. Before all this, she had first approached Deenanath Mangeshkar Hospital for emergency care on March 28.

As per a TOI news report, the panel observed that Indira IVF Centre should not have carried out the in vitro fertilisation, given that the victim, Tanisha Bhise, would have a high-risk pregnancy, and Surya Hospital should have referred her to a higher centre if it was not equipped for such complex surgeries. The committee also stated that Manipal Hospital had failed to conduct a postmortem after her death, and Deenanath Mangeshkar Hospital should have admitted the patient and followed the golden hour treatment protocol.

The report questioned the decision to proceed with IVF, considering Bhise was a high-risk patient. She had a prior history of both ovaries being removed due to ovarian cysts in 2022. A committee member said that this past medical history should have led doctors to reconsider IVF.

Further, Sassoon's committee questioned why Surya Hospital admitted a high-risk patient without the proper facilities for complex post-delivery care. The report noted that Manipal Hospital did not conduct a postmortem after Bhise’s death. According to Sassoon’s officials, this would have helped determine the exact cause of death.

Medical Dialogues had reported that a six-member expert panel of Sassoon General Hospital and BJ Medical College was constituted to investigate the death of a young mother after the city police approached the institution for assistance. This marked the fourth committee set up to investigate the incident, following three previous committees that had already submitted their reports—the most recent being the third report from the Pune Municipal Corporation’s (PMC) Maternal Death Review Panel.

Medical fraternity in rage

The action taken against the doctor has sparked strong outrage from the Indian Medical Association (IMA), which has criticised the Sassoon General Hospital (SGH) committee report and voiced its support for the gynaecologist. Calling the report “unjust,” the IMA raised serious concerns about the way the case has been handled.

Dr. Sanjay Patil, National Secretary of the Hospital Board of India under the IMA, questioned the process and implications of holding an individual doctor criminally liable. Speaking to Hindustan Times, he said, “This was not an emergency case, but it was projected as one to justify filing an FIR. Moreover, the expert committee did not include a representative from the Maharashtra Medical Council (MMC), which goes against a 2016 government resolution. Delays can occur in hospitals—this alone should not lead to criminal charges. If a doctor is attending to one critical patient and another arrives, should they abandon one for the other?”

Dr Sunil Ingle, president of the IMA’s Pune chapter, pointed out that financial policies are decided by hospital management, not doctors. “The deposit rule is enforced by hospital authorities. No action has been taken against the hospital management, yet the doctor faces an FIR,” he said. 

“We are reviewing the committee’s report in detail. There are serious concerns about political interference and manipulation. We will legally challenge this FIR,” Ingle added. 

Also read- Sassoon Hospital submits final report in Pregnant woman's death case