The dedicated team of doctors, nurses and philanthropists serve people with uncompromising dedication. It seeks to build a bridge between needy patients and the fast-moving medical technology of the third millennium. In a country where thousands die each day due to their inability to access an expensive health care system, (we seek) to advance the frontiers of specialised medical care,’ boasts the Mumbai-based Lilavati Hospital. Going by the hospital’s self-proclaimed philanthropic outlook, the bill of `3 crore it presented to the family of Nazma Alam Khan is atrocious.
Nazma slipped into coma minutes after she was administered anaesthesia for a hysterectomy operation at Lilavati in September 2008. Since then she has been in what doctors call a “vegetative state”. Though Nazma’s slipping into coma is a clear case of medical negligence, it hasn’t stopped the hospital from issuing bills. The hospital’s last bill was for `1.5 crore and the latest one is reportedly for `3 crore.
The doctor who gave her anaesthesia, the culprit, reportedly committed suicide two months later. Nazma’s family filed a complaint with the Mumbai police, following which the hospital reportedly agreed to provide free medical treatment till she recovered.
While the family members are not willing to talk about the case, it is learnt that they are fighting a legal battle against the hospital authorities for medical negligence. Holding the hospital at fault, the family has refused to pay the bills.
Efforts by this correspondent to contact the authorities at Lilavati hospital failed. The telephone operator, after keeping the call on hold for 10 minutes, informed that the superintendent was busy and could not be contacted.
The unfortunate episode of Nazma Alam Khan has triggered a debate in medical circles not only on the need for safe anaesthesia practices but also on the need for strong legislation on medical ethics and patient’s rights.
Strangely, the government has different yardsticks for hospitals run by it and those run by private individuals or corporate bodies. While one can bring pressure on the government and seek disciplinary and penal action against doctors and other medical staff involved in medical negligence in government hospitals, for private hospitals, one has to go through the long process of fighting it out legally in a consumer court. Unless medical negligence is proved by the complainant, consumer courts cannot deliver justice to the victim.
“This is a clear case of medical negligence on the part of the treating doctors, especially the anaesthesia team of the hospital,” says Dr Ramesh Reddy, chairman of Andhra Pradesh Medical Council. The Council is empowered to derecognise doctors under its jurisdiction in cases of proven medical negligence. Dr Ramesh Reddy said had Nazma developed post operative complications or if she was a diabetic, things would have been different.
“The hospital authorities have absolutely no right to charge `3 crore.
“Her family can either approach the consumer forum or approach the Maharashtra Medical Council and based on prima facie negligence on part of the treating doctors, a petition can be filed for violation of code of medical ethics. Post enquiry by a team of experts from the MC, if negligence is proved, a criminal case can be filed under Section 304 of the IPC,” he adds. The Indian Medical Association has also found fault with the Lilavati hospital for demanding the exorbitant amount. Says Dr E. Sai Prasad, honorary secretary-general, Indian Medical Association, AP chapter, “On humanitarian grounds, the hospital should not have charged such an exorbitant amount.”
“There is no justification in keeping a family in mental agony for such a long time. The patient could be shifted home and kept under the care of nurses,” Dr Prasad observes.
WHO has recognised patients’ rights as a part of human rights. The SC has also declared that medical treatment is a service and hence falls under the purview of the Consumer Protection Act, 1986 and as consumers, patients or their relatives have every right to demand information from the doctor/hospital concerned
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With Regards ,
ABUZAR K.