Newspaper reports not complete evidence: HC relief to hospital accused of negligence due to oxygen disruption

It had been alleged that 17 patients had died in the hospital due to disruption in the oxygen supply. However, the bench comprising of Justice Vivek Rusia and Justice Amar Nath (Kesharwani) dismissed the PILs as it noted that not a single case of negligence had been filed before the Consumer Forums alleging negligence on the part of the hospital.

"The Government is spending so much amount to provide free medical facilities to persons who cannot afford expensive treatment in a private hospital, therefore, before making such serious allegations in the newspaper as well as by way of the writ petition, a basic inquiry ought to have been conducted. The respondents have given a detail that every patient was in critical condition and died due to illness. As many as 6 Government Officers from different departments have jointly inspected the oxygen plant and found that there was no malfunctioning as well as disruption in oxygen supply and we have no reasons to disbelieve their reports, therefore, filling of these Public Interest Litigation based on the paper news, is nothing but misuse of the process of law," the bench opined as it imposed a cost of Rs 10,000 on each of the petitioners.

The controversy involved in the case was published by a local newspaper. It had been published that on the night of 21-22.06.2017, 17 persons had died on account of disruption in the supply of oxygen in various wards of Maharaja Yashwantrao Hospital, Indore.

In fact, the reporters opined that that several deaths were occurring in the hospital on a regular basis due to mismanagement, inadequate medical facilities, shortage of staff, lack of maintenance in the oxygen supply system etc.

Also Read: Restrictions on oxygen supply system: Andhra medical fraternity demands withdrawal of Govt order

This news shocked the city people and Public Interest Litigations (PIL) had been filed in this matter. In the plea, the petitioners further alleged corruption, negligence in the medical system being run by the State Government. Prayers had been made in the PILs for taking criminal as well as disciplinary action against the persons responsible for the death of innocent persons along with a heavy amount of compensation to the family members of the victims.

However, the court noted that it was only speculations that those 17 patients had died due to lack of oxygen supply and the superintendent of the hospital had denied lack of oxygen to be the reason for death.

The matter being of serious concern, the members of the Parliament had considered for an inquiry in the matter and accordingly, the management of the hospital had conducted an internal inquiry and concluded that the condition of all 17 patients was critical and they died because of the illness, not due to lack of oxygen.

In fact, filing a reply, the Medical Officer of the hospital had stated that M.Y. Hospital being the biggest super specialty Government hospital in the state are loaded with patients, who are mainly referred from the District hospitals and Primary Health Centre of nearby areas in critical conditions.

Most of those patients are from middle-income groups and lower-income groups who cannot afford expensive treatment in a private hospital. The death of 10 to 15 persons per day was an average death ratio in the hospital not because of lack of treatment or basic facilities, it had been stated on the behalf of the hospital.

It was further alleged by the Medical Officer that the allegations were baseless and they had only been made to defame the medical facilities given by the Government free of cost. The hospital further submitted that no one from the family of the deceased had made any such complaints either to police or the hospital management and urged to dismiss the complaints.

Apart from filing the reply, the hospital also constituted a committee for inquiring about any malfunctioning or fault in the oxygen plant. In its report, the inquiry committee opined that during 24 hours, the oxygen plants were working properly. There was no stoppage of supply and the Committee did not find any fault in oxygen supply as well as in refilling.

After taking note of the submissions made by both the parties, the bench noted that the PILs have been filed only on the basis of the news published in various newspapers suspecting the cause of death to be the disruption in the oxygen supply.

Observing that no other evidence has been filed for this, the bench noted, "Apart from paper news, not a single material has been filed in these petitions to support the allegations. The petitioners have presumed that the death occurred due to shortage of supply of oxygen, corruption, negligence etc. on the part of the Management of M.Y. Hospital. It is very easy for newspaper agencies or the general public to blame the Government institutions."

"The Government is spending so much amount to provide free medical facilities to persons who cannot afford expensive treatment in a private hospital, therefore, before making such serious allegations in the newspaper as well as by way of the writ petition, a basic inquiry ought to have been conducted. The respondents have given a detail that every patient was in critical condition and died due to illness. As many as 6 Government Officers from different departments have jointly inspected the oxygen plant and found that there was no malfunctioning as well as disruption in oxygen supply and we have no reasons to disbelieve their reports, therefore, filling of these Public Interest Litigation based on the paper news, is nothing but misuse of the process of law," further noted the court.

Further taking note of the fact that not a single case of negligence had been filed before the consumer forum alleging that those 17 deaths had occurred due to negligence on the part of the hospital, the bench observed, "These two writ petitions were filed in the year 2017 and 50 times, all these petitions were listed before this Court only because the newspaper reporter has assumed that death took place due to disruption of oxygen supply and due to such insinuation, havoc has been created and petitioners have rushed to this Court by filing these writ petitions showing concern about the death without inquiring the matter. Had it been a case that death occurred due to negligence, the police would have registered FIR suo motu but no case has been registered, no complaint has been made either to the police or the Management of M.Y. Hospital, therefore, we are not inclined to entertain these petitions."

Dismissing the PILs, the bench imposed a cost of Rs 10,000 on each of the petitioners.

To read the court's order, click on the link below.