Hospital Responsibility for Transplant verification: DMER issues Fresh notice

Pune: In the aftermath of the Ruby Hall kidney transplant racket fiasco, the Directorate of Medical Education and Research, was recently seen withdrawing its earlier circular that placed the entire burden of verification of facts on the hospitals. However, the fresh circular still does not relieves the hospitals of the verification duty of whether the donors of the transplants are coming for monetary gains or not.  

In the latest circular issued by the Directorate of Medical Education and Research Maharashtra (DMER), it has directed that "the competent authority of the hospitals should check the overall facts and circumstances relating to organ transplant proposals, and examine aspects to rule out commercial transactions so that it would be easier for the state or the district-level authorization committees to effectively evaluate these proposals."  

The Medical Dialogues had reported in detail about the kidney transplant case of Ruby Hall Clinic where a woman posed as a wife of a kidney patient to enable him to undergo a kidney transplant at the hospital. The case came to light after a woman from Kolhapur alleged that she was promised Rs 15 lakh by an agent for donating her kidney to a patient at Ruby Hall Clinic.

Also Read:Ruby Hall clinic Director, Nephrologist, Urologist,12 others booked for malpractice in kidney transplant case

In response, the DMER Maharashtra had suspended the hospital's registration for organ transplantation for six months over alleged malpractice during a kidney transplant procedure. Challenging the DMER decision, the hospital reached the Bombay High court.

In their order, the High Court bench granted a stay and noted that it was the state authorization committee that has to verify the documents and identity of patients, and it is not the responsibility of the hospital. It also asked for the stand of the government which informed the High Court on May 6 that they are withdrawing the circular issued on April 11 and they would be issuing an appropriate circular.

TOI reports by issuing a fresh circular, the DMER has still left a lot of responsibility of verification on the hospitals stating the competent authority of the hospitals should check the overall facts and circumstances relating to organ transplant proposals, and examine aspects to rule out commercial transactions so that it would be easier for the state or the district-level authorization committees to effectively evaluate these proposals."

Meanwhile, DMER had also constituted a committee to look into how the regional organ transplant authorization committee at the BJ Medical College and Sassoon General Hospital, which is currently suspended, processed the documents for the kidney transplant at the Ruby Hall Clinic. The police have registered a case against 15 persons, including the managing trustee of the Ruby Hall Clinic, a leading private hospital in the city, and some of its employees in connection with alleged malpractice during a kidney transplant procedure. 

Officiating DMER Dr. Ajay Chandanwale told TOI, "The DMER committee has submitted the report to the state. Now, it is for the state and the police to act on this report." 

Also Read:Hospitals not responsible for verification of Identity of transplant patients: Bombay HC