The Bombay High Court sought a response from the National Medical Commission (NMC) and a probe committee regarding a tragic case where a pregnant woman died shortly after a C-section was performed under a mobile flashlight during a power outage.
Mumbai: A man filed a petition with the Bombay High Court seeking compensation and a thorough investigation into the death of his pregnant wife, who reportedly passed away hours after being operated on under a mobile flashlight at the Sushma Swaraj Maternity Home in Bhandup.
Tragically, the baby delivered during the procedure also did not survive.
A Bench comprising Justices Revati Mohite Dere and Prithviraj K Chavan requested responses from the National Medical Council (NMC) and the Brihanmumbai Municipal Corporation (BMC)-run JJ Hospital regarding the incident.
Notably, doctors from JJ Hospital are part of a committee currently investigating the circumstances surrounding the deaths of the woman and her stillborn child. The committee expected to update the Court on the timeframe for concluding the inquiry.
Additionally, the NMC has been instructed to address the alleged breaches of various medical ethics regulations related to the case.
The Court stated,
“We would like to know what action the NMC (formerly IMC) intends to take in this case. Therefore, we will include the NMC as a party, and the petitioners may serve them with a notice as well,”
The petitioner, Khusruddin Ansari, expressed concerns about not receiving his wife’s medical records despite multiple requests. Following the surgery, his wife, Shaheedunissa, transferred to Sion Hospital in critical condition, where she later passed away.
Ansari claimed that the hospital inadequately equipped, forcing doctors to perform surgery using a mobile flashlight due to a power outage.
Ansari, who married Shaheedunissa in May 2023, requested a thorough and timely investigation by the Bhandup police into the deaths of his wife and child. He is also seeking compensation for their wrongful deaths. His petition noted that during her pregnancy, both mother and fetus consistently recorded as healthy.
On April 29, Shaheedunissa went into labour and admitted to the Sushma Swaraj Maternity Home at 8:20 AM. However, she was not taken to the operating room until 10:30 PM. During this time, the hospital experienced several power outages, and there were no inverters or generators available. The baby was delivered but did not cry and was declared dead shortly after. Shaheedunissa then transferred to Sion Hospital, where she was pronounced dead at 1:30 AM.
Ansari requested the medical records from both the Sushma Swaraj Maternity Home and Sion Hospital on May 22, but his requests repeatedly ignored. The petition highlighted that medical ethics regulations require the provision of medical records within 72 hours of a request.
During today’s court hearing, the Court questioned why the medical records had not been provided despite Supreme Court orders and regulations.
The Bench remarked,
“Why have you not provided the papers? Why have you withheld them? There is a judgement; the petitioner should not have to come to court,”
Additional Public Prosecutor (APP) Vithal Konde-Deshmukh stated that all documents except those from Sion Hospital had been provided and noted that the investigation at Bhandup Hospital was still ongoing.
The Court then inquired about possible actions if regulations were not followed.
Senior Advocate Gayatri Singh explained that non-compliance with these regulations could result in disciplinary action under the Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002.
Singh also pointed out that the ambulance used to transfer Shaheedunissa from Sushma Swaraj Maternity Home inadequately equipped, lacking essential devices like breathing pumps.
Singh stated,
“She was breathing profusely,”
Singh further noted that although a committee formed by JJ Hospital in May, little progress had been made.
However, APP Konde-Deshmukh reported that the committee had recorded at least 36 statements and that action had been taken against the doctor in charge.
The Court also questioned what steps the BMC had taken, emphasizing that basic facilities should be mandatory for operating a maternity home. The Corporation is expected to respond to these concerns at the next hearing on August 28.