Delhi HC directs MAMC Medical board to probe into child's death at Max Hospital after family alleges medical negligence

New Delhi: The Delhi High Court has directed Maulana Azad Medical College (MAMC) to constitute a medical board to give a report on the death of a two and half-year-old child at Max Hospital, Shalimar Bagh allegedly due to "negligence and malfeasance."

The high court issued directions on the petition moved by the child's father. He had alleged negligence during the treatment of his child.

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Justice Jasmeet Singh, in an order on July 21, said, "I deem it fit that the complete medical record pertaining to the deceased child may be sent to the Dean, Maulana Azad Medical College, New Delhi to constitute a Medical Board and give their report within a period of six weeks." Justice Singh observed, "In the present case, the son of the petitioner died on February 9, 2020, and to date, after a period of almost two and half years, there is no investigation in the matter for lack of Medical opinion." Justice Singh observed that the child was admitted for simple dysentery at Max Hospital with no known allergies or past history of illness. 

The court directed that the father and mother of the deceased, Mr Himanshu Singhal and Ms Megha Singhal, should be informed of the meeting of the Committee and they should be permitted to participate in the proceedings of the Committee. The court has also impleaded Delhi Medical Council (DMC) as a party to the petition, reports the Hindu.  

"I feel that this is a case where the DMC needs to be impleaded as a party. Let the DMC be impleaded as respondent and notice be issued and let the petitioner take steps for service of the respondent," Justice Singh said. The court said that DMC is required to file a detailed counter affidavit within four weeks from today, the order of July 21 reads.

Mr Singhal had taken the child to the Max hospital on February 5 after the child began showing symptoms of fever, cough, loose stools and running nose. The doctors at the hospital called it simple dysentery and advised the parents to admit the child to the hospital to enable his re-hydration.

However, the father alleged that the next day, a surgeon came to review the child for the first time and based only on a "visual and negligent examination" done from a distance, the surgeon diagnosed the child as suffering from acute Anal Fissure and prescribed a contraindicated drug in loose motions — Movicol — which is a strong laxative used to treat chronic constipation. 

However, after the child was administered with Movicol, he began passing uncontrolled excessive urine and his condition worsened, alleged Mr Singhal. He said, "To hoodwink and misguide, several tests [including a painful lumbar puncture test] were performed on the child only for the doctors to pretend that they were doing their best to ascertain the mysterious cause of sudden deterioration despite already having 'exclusive knowledge' in their domain."

The child was allegedly shifted by the hospital to their sister branch Max Super Speciality Hospital Saket in an extremely unstable and shock condition on February 7, 2020, to hide negligence, prevent death at their centre and avoid legal consequences. Further, he alleged that the child died on February 9, 2020, and no satisfactory reason has ever been provided by the hospitals and the doctors involved for the cause. He said that the doctors and the hospitals have "conspired to hide the facts and the truth."

The counsel for the petitioners, Advocates Hardeep Singh Sodhi and Sachin Jain stated that the hospitals have refused to provide the complete medical records pertaining to the deceased child, adding that the parents have been running from pillar to post asking for justice. 

Advocate Sachin Jain counsel for the petitioner had submitted that they have no faith in the Delhi Medical Council (DMC) as it is a regulatory body of the Doctors and cannot give an unbiased expert opinion even though the investigating officers are insisting to seek an expert opinion from them. It was also submitted that they have no power under the DMC Act, 1997 to give an expert opinion.

The petitioner had lost his son of two and half years, who had no known allergies or past history of illness, allegedly due to negligence and malfeasance at the hospital at Shalimar Bagh New Delhi, the court's order reads. The petitioner had sought a medical opinion from any government hospital or AIIMS for credible expert opinion and had a grave apprehension regarding the opinion of the DMC. 

The bench has listed the matter for further hearing on October 17, 2022. 

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