Medical Negligence allegations unfounded! says HC on Bilaspur hospital's case

Raipur: While considering the suo motu public interest litigation (PIL) over an alleged medical negligence case at Bilaspur's District Hospital, the Chhattisgarh High Court comprising Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru recently observed that the allegations of medical negligence were unfounded.

The High Court bench took cognizance of the issue based on a news report highlighting the matter. In the report, it was claimed that a doctor had refused to provide treatment to a critically injured patient and that a father struggled to get medical attention for his severely injured son.

Medical Dialogues had earlier reported that allegedly, the medical facility did not have any doctors and therefore, the patient was referred to the Chhattisgarh Institute of Medical Sciences (CIMS). 

Based on the news report titled “तड़पते बेटे को देख पिता ने की इलाज की फरियाद, डॉक्टर ने बिना इलाज के भेज दिया CIMS” (translated as "Father pleaded for his son’s treatment, doctor referred to CIMS without treatment"), the High Court bench comprising Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru initiated suo moto proceedings in this regard.

Also Read: HC criticises govt doctors for choosing private practice over government duties

Expressing concern over the incident, the HC bench had directed the State Government to submit a detailed report regarding the incident, along with the measures being taken to prevent such occurrences in the future. The Court has also directed the Chief Medical Officer to file a personal affidavit through an order dated 04.10.2024.

Accordingly, the Civil Surgeon at the District Hospital filed an affidavit stating that in the intervening night of 30.09.2024 and 01.10.2024 at about 12:52 AM the injured patient, aged about 20 years, was brought to the casualty department of the District Hospital by some persons. The patient was timely attended by the duty doctor who was working as casualty Medical Officer. After examining the patient, the doctor provided hin the primary treatment and asked him to get the dressing and further advise was given for getting the patient admitted for further treatment.

"It is submitted that the entire incident has been recorded in the CCTV Camera installed in the Hospital and from the CCTV recordings it is clear that the patient was brought out of the Doctor's cabin at 12:59 AM by the persons who were accompanying him," stated the affidavit.

"...at the same time apart from this patient there were three more patients in the casualty out of which two persons had sustained Knife injury and the third persons complained of severe Chest pain. It is submitted that the ECG of the patient suffering from Chest Pain was being carried in the Doctor's chamber's and the other two patient's who were suffering from the stab wound were being admitted in the Hospital," it further mentioned.

As per the affidavit, the patient was taken care by the doctor on duty and the doctor allegedly found that the petitioner was in an alcoholic state and was semi-conscious. It was further submitted that the persons who were accompanying the patient, insisted on taking him to a private hospital and the duty doctor had informed them that he could not release the patient as it was a case of casualty and further informed them that as per the protocol he could only refer the patient to a Government Hospital which was a Higher Medical Center which is Chhattisgarh Institute of Medical Sciences (CIMS), to which the attendant did not agree.

"That, during this time the patient Singh who was sitting in the wheelchair was not in a position to control his body and he was leaning front side or forward and on this his attendant's took him out of the wheelchair and made him sit on the floor and on this time some persons started video recording the event. It is submitted that during this time the parents of the patient reach the hospital and they also insisted on taking him to a private hospital and they were not agreeing to avail the ambulance facility available with the hospital administration and they further insisted on taking the patient in ambulance service provided by 108," stated the affidavit.

Therefore, the Officer claimed that the duty doctor administered basic medicines to the patient and advised dressing. "That, the deponent further most respectfully submits that there is no correctness in the News item published in the Newspaper and the correct events and the correct facts of the case have not been published. It is submitted that round the clock team of Doctor's as well as the paramedical staff and the other staff is available in the District Hospital and the deponent being the incharge of the District Hospital personally oversees that no difficulty is caused to any patient or their attendants," stated the affidavit.

Taking note of the affidavit, the HC bench opined that the allegations were unfounded. "From persual of the affidavit, it transpires that the victim was found to be in alcoholic condition and he was taken to the hospital, where he was also attended by the Emergency Doctor and first aid was provided, thereafter he was referred to CIMS for further management, but it is stated that the patient’s relatives refused to admit and wanted to take the patient into a private hospital as is appearing from Annexure R/1 at page no. 6. It is stated that two other persons who are admitted in an emergent case of stab injury, after giving them first aid they were referred to the CIMS by Dr. Anil Gupta, copy of the same is annexed as Annexure R/2," noted the HC bench

"In view of the same matter is consigned to record," observing this, the court disposed of the matter.

To view the order, click on the link below:

https://medicaldialogues.in/pdf_upload/wppil-no-80-of-2024-260363.pdf

Also Read: Patient not attended by hospital: Chhattisgarh High Court takes suo motu cognizance of alleged medical negligence