Surgery without consent: Court seeks police stand on complaint against Delhi hospital

Kumar’s brother met with an accident on November 10 and fractured his leg. According to Max Healthcare authorities: “The 33-year-old patient was brought to the hospital emergency late on the night of November 10, after he met with an accident. He was successfully operated for an orthopaedic trauma. However, on November 13, he complained of breathlessness and suffered a cardiac arrest. He was revived and put on ventilator support. He suffered a massive pulmonary embolism, a known adverse complication in such cases, and succumbed late on the night of November 15, despite best medical care. The complications and outcomes were extensively explained to the family and they were regularly updated of his condition during his ICU stay. We strongly refute any charges of medical negligence…”

Advocate Prashant Manchanda, appearing for Kumar, alleged in court that the role of the administration, staff and doctor of the hospital, “may come to light only after a threadbare investigation into the involuntary surgery”.
He argued that “as an insult to injury, given that the applicant’s brother was deaf and mute, no efforts whatsoever were made by the hospital to initiate even basic communication with him”.

“… The most basic prerequisite of engaging an interpreter to communicate the medical terms and conditions, as well as issues, was not provided for. It gives a clear picture of the unfathomable brazen proclivity of the doctors and the administration of Max Smart Super Speciality Hospital, Saket,” the plea said.

Seeking lodging of FIR under various sections of the IPC, including death of any person by doing negligent act, cheating and forgery, the plea stated that “a clear attempt was made to destroy hand-written medical records pertaining to the period from November 10 to 12”.