Ensure no other surgery takes place under mobile torchlight! HC slams NMC for not taking suo motu cognizance after death of mother, newborn

Mumbai: While considering a plea filed by a man whose wife died after undergoing a C-section operation that was conducted using a mobile torchlight, the Bombay High Court recently criticised the Brihanmumbai Municipal Corporation (BMC) and the National Medical Commission (NMC).

The HC bench comprising Justices Revati Mohite-Dere and Prithviraj Chavan observed that 'lives are precious' and asked the civic body and the Apex Medical Commission to play a 'proactive' role and ensure that no other surgery or delivery takes place using mobile torchlight in any of the civic or State-run hospitals.

Approaching the HC bench, the complainant informed that his wife died after a C-section delivery in the civic-run Sushma Awaraj Maternity Hospital in Mumbai's Bhandup. It was alleged by the complainant that his wife's C-section was performed using a mobile torchlight as the electricity connection in the hospital on the relevant day was down.

Previously, during the case proceedings, the counsel for NMC, Advocate Ganesh Gole had submitted before the Court that the Commission had not received any representation either from the petitioner or the NMC against the alleged 'misconduct' of doctors. Advocate Gole had informed the Court that since they had not come across any representation by the civic authorities to take action against misconduct, they had not taken any action.

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Taking note of this submission, Justice Mohite-Dere had suggested that the plea before the HC bench itself could be considered as a representation by the NMC and also lamented that the authorities must refrain from taking 'hyper-technical' views in such matters.

The bench had asked the NMC counsel, "Mr Gole, we cannot be so much hyper-technical in such matters. Lives are precious... Don't you have powers to suo motu take cognizance of such matters?"

When Advocate Gole had submitted that NMC can take suo motu cognizance of the misconduct of doctors, the HC bench had clarified, "Just because there is no representation or the name has changed from Indian Medical Council (IMC) to NMC does not mean that your powers have also changed. You can still take suo motu cognisance and take action against the non-maintenance of medical records etc."

Meanwhile, taking note of NMC's submission that the Commission was not even informed by BMC about the incident and that NMC had been directly made a party, Justice Mohite-Dere clarified that NMC was roped in as a party only after the directions issued by the Court.

"Something has happened so we have asked them to make you a party... one person has died tomorrow someone else can meet the same fate...You say you are not aware about the incident, you can get knowledge from the news also. In such incidents, we want to know what is your role? Take a proactive role to ensure there is no misconduct by any doctor and such incidents do not repeat," the HC bench was quoted noting by Live Law.

"Forget this case for a second, the judge, said, adding, "But if you come across a news report about some misconduct do you have powers for taking suo motu cognizance? You have, right? So Mr Gole, you cannot turn a blind eye to such issues. We will pass an order directing you to consider the instant petition as a representation," the bench further noted.

Meanwhile, the counsel for BMC, Government Pleader Poornima Kantharia submitted that BMC had taken action against the concerned doctors, especially the doctor who had performed the C-section in mobile torchlight. The BMC counsel submitted that the doctors were juniors and were working temporarily. She further informed the Court that action was also proposed against the Chief Medical Officer (CMO).

However, seeking to know the nature of the action proposed against the hospital, the HC bench clarified, "When in a government or a civic-run hospital, there is no generator how can a permission be given to perform any delivery or surgery? What action do you propose to take against the hospital? Till the hospital in question does not have its system in place, how can it be permitted to function... what if tomorrow someone else's life may go like this. We don't want a repeat of this incident."

The judges also sought to know if there were some Standard Operating Procedures (SOPs) for hospitals in the State to function and noted, "Like is there any SOP for one to begin a hospital, what are the requirements for one to comply with for starting a hospital, what all amenities are needed, what action can be taken if the SOPs are not complied with."