Pune Doctor's Association opposes Gynaecologist's arrest in patient death case

Pune: Coming out strongly in support of the gynaecologist of Deenanath Mangeshkar Hospital, the Hospital Board of India (HBI) and the Pune chapter of the Indian Medical Association (IMA) warned of protests if he is arrested in connection with the tragic death of the mother of twin babies.  

The gynaecologist Dr *** was accused of refusing to admit the pregnant woman to Deenanath Mangeshkar Hospital after her family members reportedly failed to deposit Rs 10 lakh in advance. She later gave birth to twins at another hospital, where she died. 

Medical Dialogues had recently reported that the Pune police registered an FIR against the doctor in connection with the case 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.

Also read- FIR against Gynaecologist in pregnant woman's death case

While the doctor was 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. 

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 ** 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.

Apart from the police action, the Maharashtra Medical Council (MMC) has started a probe against the doctor in connection with the tragic death of the woman, wife of BJP MLC Amit Gorkhe's personal secretary. Previously, the council issued a show-cause notice to the doctor seeking an explanation about the incident after taking suo motu cognisance of the matter. 

Calling the MMC probe against the doctor 'Unjust', the medical fraternity has defended him, alleging that he is being wrongly blamed and that the FIR filed against him and the sections applied were not relevant, as there was no negligence.

IMA and HBI have claimed that if the doctor is arrested, then they will initiate a protest. Both associations stated that Dr ** was acting in the capacity of medical consultant and his primary responsibility was for the medical care of the patient, which he never refused.

Speaking to Pune Mirror, Dr Sanjay Patil, president of HBI, said, "We are going to have a meeting of IMA and HBI in 2-3 days, and we will discuss the issue. We feel that injustice is being done to Dr *** without any fault. The Sassoon General Hospital panel gave a clean chit to Dr *** and Deenanath, but within 24 hours, it took a U-turn and accused Dr *** of medical negligence. Besides, this was not a case of emergency. This was the case of a high-risk pregnancy. This is also not a case of negligence. This section of Bharatiya Nyaya Sanhita, 106(1), is not applicable to Dr ***."

Dr Sunil Ingale, president of IMA, reiterated, saying, “The patient was in OPD and not admitted. Hence, this BNS 106 (1) is not applicable. The Rs 10 lakh was not asked for the patient but for the unborn twins and their NICU treatment. Besides, this money was requested by the hospital administration and not by Dr ***. IMA is going to extend all legal support required for Dr ***.” 

MMC probe called 'unjust'

After a Sassoon General Hospital six-member committee found the gynaecologist responsible for the medical negligence regarding the death of the woman, the MMC started a probe separately into the incident. 

Dr Abhijit More, a health activist, told Free Press Journal, "Everybody is quick to blame the doctor. An FIR has been filed against him, but action should also be taken against the hospital administration and management. In this case, the hospital administration is equally responsible, so why only blame the doctor?"

Dr Sunil Ingle, president of the IMA’s Pune chapter, said, "The hospital administration and management are responsible for the billing, money and the deposit. A doctor simply treats the patients and gets the consultation fees. In this case, the doctor never refused to treat the patients; the doctor only suggested that once the babies are born, they will be required to be kept in a Neonatal Intensive Care Unit (NICU), and it will cost them Rs 10 lakhs. The patient was never admitted to the hospital, nor was she treated by the doctor. Then, how come an FIR has been filed against the doctor in the name of negligence? The patient had come to the OPD and, as a doctor, he explained to them the line of treatment and the costing. The doctor is unnecessarily blamed."

Dr Sanjay Patil, national secretary of the Hospital Board of India, IMA, pointed out, "The expert committee, which had doctors from the Sassoon General Hospital (SGH), gave the report on April 19, declaring that no negligence had been done. Then it was not accepted, and the committee submitted the report the other day, based on which the FIR was filed. The FIR was filed against Dr Ghaisas, and the sections applied were not relevant, as there was no negligence. The doctor never treated the patient; they gave them the admission note, and the family moved to the other hospital on their own. They were never denied treatment. Also, the committee did not include a representative from the MMC, which violates a 2016 government resolution. The investigation is ongoing, and according to the IMA, the section applied in the FIR is not applicable in this case."

A senior doctor from SGH, on the condition of anonymity, said, "The rules for government and charity hospitals are different, and therefore, the hospital administration is mainly to be blamed. Dr Ghaisas was under tremendous mental pressure due to public outrage, threats, and criticism, and therefore, he also resigned from the hospital. Also, financial policies are decided by hospital management, not doctors."

Medical Dialogues recently reported that holding Deenanath Mangeshkar Hospital, Pune responsible for violating multiple regulations that allow patients to get treatments in emergencies, the Maharashtra government-appointed committee has slapped a Rs 10 lakh fine on the hospital after being found guilty in the woman's death case. 

After collecting the Rs 10 lakh fine, the government will deposit Rs 5 lakh each as Fixed Deposits in the names of the deceased woman's twin daughters. The girls will receive the money when they turn 18. Until then, the Chief Minister’s Relief Fund will cover all their medical expenses.

Also read- Deenanath Mangeshkar Hospital fined Rs 10 lakh over patient's death