The Punjab and Haryana High Court has rejected a petition filed by a private hospital in Mohali and a senior doctor challenging the summoning order to stand trial in a case of alleged medical negligence dating back to 2013.
The Punjab and Haryana High Court has recently made headlines by rejecting a plea from a renowned private hospital in Mohali, along with a senior doctor, in connection with a grave allegation of medical negligence dating back to 2013. This case has stirred considerable public interest and debate over medical ethics and accountability in the healthcare sector.
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The controversy centers around Max Super Speciality Hospital and its principal consultant in interventional cardiology, Dr. Sudheer Saxena. They were implicated in a distressing incident where, allegedly, a cost-cutting measure led to a patient’s untimely death. The court’s observations were stern and unequivocal. It noted,
“Observing that ‘apart from medical negligence, it is more a case of cheating,’ the Punjab & Haryana High Court has refused to set aside the summoning order against Max Super Specialist Hospital and its cardiologist.”
Justice Deepak Gupta, presiding over the case, remarked,
“Apart from the case of gross medical negligence, it is more a case of cheating having been committed under a conspiracy by the petitioners (Max hospital and doctor).”
This statement underscores the court’s stance on the gravity of the allegations, highlighting not just a failure in medical duty but also a deliberate act of deceit for financial gain.
The crux of the case lies in the alleged substitution of a medically approved pacemaker with a cheaper alternative. According to court documents, Dr. Saxena had initially planned to install a biventricular triple chamber pacemaker, as agreed upon by the patient’s relatives, costing approximately Rs 4.5 lakh. Contrary to this plan, a less expensive double chamber pacemaker, priced at merely Rs 45,000, was implanted instead. This decision, made without the informed consent of the patient or their family, has been the focal point of the legal battle.
The situation deteriorated when the patient experienced complications from the improperly fitted pacemaker, necessitating further surgical intervention. The hospital’s defense, claiming that the surgery was executed in two stages for the implantation of the superior pacemaker, was scrutinized and ultimately dismissed by the court. The judgment stated,
“In order to conceal the said mischief, stand is taken that only triple chamber pacemaker was implanted, but in two stages and that in the first stage, only two leads were engrafted and in the second stage, third lead and pacemaker were implanted. The said stand is prima facie found to be incorrect in view of the various documents of the hospital itself.”
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This case has not only brought to light the alleged medical negligence but also painted a broader picture of potential unethical practices within the healthcare industry. The court’s decision to proceed with the complaint against the petitioners, even without the explicit opinion of a medical expert, signifies a pivotal moment in the legal oversight of medical practices. The court concluded,
“The hospital record, as placed on record by the respondent- complainant prima facie demonstrate the sufficient material to proceed with the complaint against the petitioners, even in the absence of any opinion of the medical expert, as it has already been observed by this Court that more than a case of gross medical negligence, it is a case of cheating having been committed by the petitioners in conspiracy with each other.”
This ruling serves as a stern reminder to healthcare providers about the paramount importance of ethical practices and patient safety. The legal repercussions faced by Max Super Speciality Hospital and Dr. Sudheer Saxena underscore the judiciary’s commitment to holding medical professionals accountable for their actions. As this case progresses, it will undoubtedly continue to be a focal point in discussions about medical ethics, legal accountability, and patient rights within India’s healthcare system.
CASE DETAILS:
Case title- MAX SUPER SPECIALITY HOSPITAL AND ANOTHER v. STATE OF PUNJAB AND ANOTHER
Appeared for the petitioners- R.S. Cheema, Sr. Advocate, with Vishal Gupta & Ashok Sharma, Advocates.
Appeared complainant -Advocate Bhavnik Mehta.