Hospitals not responsible for verification of Identity of transplant patients: Bombay HC
Pune: Days after the Directorate of Medical Education and Research in Maharashtra passed an order to suspend the license of Ruby Hall Clinic to conduct organ transplants for six months, the Bombay High Court on Wednesday stayed those orders passed by the health department.
In their order, the High Court bench has granted a stay and noted that it was the state authorisation committee which has to verify the documents and identity of patients, and it is not the responsibility of the hospital.
The state health department had suspended the hospital's registration for organ transplantation over alleged malpractice during a kidney transplant procedure. The Medical Dialogues team had earlier reported about the case and the suspension of license in detail, where a woman posed as a wife of a kidney patient to enable him to undergo a kidney transplant at the private hospital.
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The state authorities said that the hospital authorities failed to properly verify the documents submitted by the patients. 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. The woman donor posed as the patient's wife. However, when she did not get the money that had been allegedly promised to her, she filed a complaint with the Koregaon Park police station. The Medical Dialogues had also reported about the malpractice incident.
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However, the Ruby Hall Clinic had also filed a clinic where they accused the woman of concealing her identity. The kidney transplant was permitted by the regional authorisation committee of Sassoon General Hospital, Pune, and the permission was based on documents submitted to them proving the relationship of the recipient and donor. Subsequently, the hospital had sought a legal address, reports the Indian Express.
The state health department had continued with its parallel investigation by conducting an in-camera investigation of all those connected to the case, including relatives and health officials.
The order by the court stated that it stays the operation, implementation, and effect of the intimation/letter dated March 11 passed by the Maharashtra state health department.
Talking about the suspension which was in place earlier, Dr. Sadhana Tayade, director, directorate of health services, Maharashtra had said that the licence of Ruby Hall Clinic had been suspended until the final report of the ongoing enquiry is submitted. The suspension included the licence for both live donor and also cadaver donations while the hospital continues to function as a non-transplant organ retrieval centre or NTORC.
Manjusha Kulkarni, legal head, Ruby Hall Clinic had said, "The stay is put in place until the court comes out with a final order."
The court order was made in an open court in the presence of advocates from respective parties. The authenticate and certified copy of the court order have been applied, which the parties are waiting for. The committee would be reporting to the police for further action after investigating transplant patients and their relatives.
The Nashik deputy director of health chairs the inquiry committee. Earlier, the committee had conducted a preliminary inquiry and had submitted its report to Tayade. Meanwhile, another committee which was formed on Wednesday conducted a day-long inquiry at the Pune health circle office in the presence of health officials. The health department has not provided any information in this regard, reports the HT.
The Inspector Vinayak Vetal of Koregaon police station said that they are taking action in this regard on the basis of Human Organ Transplantation Act. No action can be taken without any feedback from the health department.
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