IPC 304, 304A invoked against doctor over hospital fire: IMA moves Bombay HC seeking to quash case

The doctor was arrested along with three other nurses following the death of 11 Covid-19 patients in a fire at Ahmednagar district hospital last month. She was granted bail by an Ahmednagar court had on November 19, ten days after her arrest. The medical officer was arrested and it was alleged that she failed to ensure maintenance of fire safety measures in the hospital.

However, in the PIL, IMA highlighted the reasons for increased incidences of fire in COVID-19 wards i.e. cocktail of oxygen and alcohol vapour, curtains and electrical short circuits.

Dr Ashutosh Jape of IMA, Pune told Medical Dialogues, " We already informed the authorities about improper Covid-19 management in Maharashtra. The concerned doctors have submitted letters to the authorities regarding several inconsistencies in the hospital including the issue of fire safety. Shinde was being made a scapegoat for the alleged dereliction of duty by hospital authorities and should be protected. One of the causes of the fire was the negligence of the government in conducting regular fire audit and non-dispersal of funds to set up a fire safety system. You cant pin the responsibility of the wole incident on a particular doctor."

As regards the protocol to be followed by the Doctors for Covid-19 treatment, Dr. Rajeev Digambar Joshi made detailed oral submissions in the high court which was duly considered by the court. When asked about the current stand of IMA, Dr. Rajeev added, " We are trying to seek justice in the case whoever are responsible should be sought. The career of a PG medico is at stake. However, I dont want to influence court's decision and i can only comment after the next session on 21st."

Medical Dialogues had earlier reported about the massive fire that broke out in the ICU ward of the Ahmednagar Civil Hospital in Maharashtra on the morning of November 6 which led to the death of around 11 Covid patients while eight patients received burn injuries. In wake of the incident, the Ahmednagar district civil surgeon and three other health officials were suspended and the services of two staff nurses were also terminated. They were later released on bail.

Though an application filed by IMA through advocate Nitin Deshpande, the association pointed out that the need of electrical audit was stressed but the Government has not paid any heed to the suggestions given by the association. Wards having no special electrical circuits for ventilators and allied equipment were converted into Intensive Care Units and the gadgets were operated without proper circuits. Moreover, due to overload and overuse there could be electrical short-circuits but no action was taken to rectify this issue which has caused fires in many hospitals.

In the August order the High Court issued direction reading,

"However, the government has neither filed any affidavit in this regard nor has it taken any action to improve the situation", added the plea.

The applicant stated that the State Government may be directed to place on record of this Hon'ble Court the steps taken by it to utilize the necessity gadgets.

"Government Authorities overlooked their responsibilities. In reality a resident doctor and nurses who tried to save patients from the fire were held responsible for the fire. The applicant states that a resident doctor from Ahmednagar was made scapegoat to cover up the inefficiency of the Administration. An FIR was registered against her and she was arrested like a criminal", added the petition.

"The applicant feels that gross injustice has been caused to her and the medical fraternity is insulted by the administration. It would not be out of place to mention here that during the Covid crisis, the same medical fraternity and support staff had endangered their life and were working day and night at the cost of their family life. Under the circumstances, it is highly improper to treat medical professionals like criminals and arrest them," the application clarified.

The application sought to quash and set aside the case registered against the. IMA also sought direction to authorities to produce all files regarding the fire safety audit of Ahmednagar civil hospital.

The plea further highlighted that appropriate authority for disciplinary action and criminal proceedings should be initiated against persons responsible for not fitting the necessary gadgets in advance to prevent the fire. Moreover, the State Government may be directed to place on record the budgetary allocation made for safety of government hospitals all over State of Maharashtra and the patients admitted therein and medical staff and doctors working in these hospital.