No Bail for AP Orthopedics, CMO over death of teenage footballer due to Delay in removal of Tourniquet
Chennai: Denying relief to the two government doctors- AP Orthopedics and CMO who had been accused for alleged botched up surgery of teen footballer R Priya, who died afterwards, the Madras High Court has dismissed their anticipatory bail plea.
Refusing to release them, the High Court bench comprising of Justice A D Jagadish Chandira has noted that the issue was still in the initial phase and the probe was still incomplete.
While the bench did not grant them any relief, it has issued directions to the police not to harass the family members of the doctors.
Meanwhile, the expert committee of the Health Department has held five persons including four doctors and one ward staff responsible for the incident leading to her death.
Those who have been held responsible include the operating surgeon, the theatre anaesthetist, the duty medical officer and the orthopaedic surgeon. Apart from them, the post-operative ward staff has also held responsible by the expert committee constituted to investigate the matter.
Medical Dialogues had earlier reported that following the death of the teen footballer, the Tamil Nadu Government has suspended two doctors for medical negligence. The 17-year-old footballer, Priya R, lost her life due to multi-organ failure following complications from an alleged botched arthroscopic surgery to fix a ligament at a government hospital in Tamil Nadu's Chennai.
It was alleged that after her initial surgery at the Periyar Nagar Hospital on November 7, she began having pain in her legs. She was then prescribed a tight compression bandage and medicines for the pain. Over a suspected blood clot in her legs, she was transferred to Rajiv Gandhi Government General Hospital, where the doctors stated that the tissues in her right leg were dead and recommended an amputation.
The girl's right leg was amputated on November 9, but her condition worsened following which a follow-up surgery was performed on her on Monday. However, she did not respond well to the treatment and later she passed away due to complications in her liver, heart & kidney.
Thereafter, 2 doctors of the Government Peripheral Hospital were placed under suspension for alleged medical negligence.
"Due to carelessness of the doctors who performed the surgery, the compression bandage was too tight which caused extensive damage to blood flow and led to the death of blood vessels and she was in great pain," said a statement from the health department.
Meanwhile, an official statement from the dean of Rajiv Gandhi Government hospital Theranirajan disclosed that there was a delay in the removal of tourniquet (which is applied during the surgery to reduce the blood flow and has to be removed then) to the site of injury and caused necrosis of tissues and vessels as a result of which the 17-year old player developed "unstability".
Issuing an official statement, the Director of Medical Education had informed that the Assistant professor of the Orthopedic department, and the casualty medical officer at the Government Peripheral hospital Periyar Nagar have been suspended.
The latest media report by the Times of India adds that the accused doctors had approached the High Court bench seeking anticipatory bail. The petitioners claimed that the situation has been surcharged and politicised. "We are also receiving threats," they said.
The counsel for the doctors further submitted that there were no lapses on the part of the doctors and another surgery was performed on the same day without any complications. It was further submitted by the doctors' counsel that they would surrender before the police if the court granted them protection.
Further, the counsel for the doctors alleged that the family members of the doctors were taken before the police and had been harassed. One of the doctors Ramshankar claimed before the court that he had not performed the surgery but he only assisted the other doctor Somasundar. On the other hand, Dr. Somasundar submitted that another surgery had been performed by him on the same day but there were no complications in it.
On the other hand, the State Public Prosecutor (SPP) opposed the anticipatory bail applications and argued that since the doctors have been booked under section 174 (unnatural death) of CrPC and therefore bail cannot be granted.
"Authorities are yet to conclude whether it was negligence or criminal negligence on the part of the doctors and the investigation was progressing," he added.
Taking note of the submissions, the Madras HC bench denied granting them relief and release them on anticipatory bail.
As per the latest media report by the New Indian Express, an expert committee had been constituted on November 10 to probe the matter and the committee has held five persons including four doctors and one staff member responsible for her death.
Sharing the details, the city police said that as per the report submitted to them by the health department the list of responsible persons include the operating surgeon, the theatre anaesthetist, the duty medical officer, orthopaedic surgeon and the post-operative ward staff.
Meanwhile, the State Health Minister Ma Subramanian on Thursday said that the department was considering to audit the surgeries performed at the government hospitals. Therefore, the department would call all the surgeons for a consultation meeting for discussing the ways to avoid death due to medical negligence.
