Was it Doctor’s negligence at V N Desai Hospital that cost life of a lad?

Damaged glass pane of V.N.Desai Hospital. (Inset) Deceased Avinash Pandey

 Entrance to V.N.Desai Hospital which shows the pathetic and filthy condition                                             l

Public awareness of medical negligence in India is growing. Hospital managements are increasingly facing attacks on doctors and vandalism of hospitals. After the Consumer Protection Act, has come into force some patients have filed legal cases against doctors, have established that the doctors were negligent in their medical service, and have claimed and received compensation. Negligence is the breach of a legal duty to care. It means carelessness in a matter in which the law mandates carefulness. A breach of this duty gives a patient the right to initiate action against negligence. Persons who offer medical advice and treatment implicitly state that they have the skill and knowledge to do so, that they have the skill to decide whether to take a case, to decide the treatment, and to administer that treatment. This is known as an “implied undertaking” on the part of a medical professional. The Supreme Court held that every doctor “has a duty to act with a reasonable degree of care and skill”. Doctors in India may be held liable for their services individually or vicariously unless they come within the exceptions specified in the case of Indian Medical Association.
But, today the profession of medical treatment is termed as a commercial business and doctors are alleged to have become more negligent, thereby risking the lives of patients. A few days back two instances were reported at V. N.Desai Hospital, Santacruz (E). A 17-year-old lad Rakesh Avinash Pandey, residing at Marwari Chawl, Dawri Nagar, while trying to fix a BJP banner outside Jai Bajrang Mitra Mandal Ganeshotsav, slipped and fell on his head on the ground. He was rushed to the nearby V.N.Desai Hospital but was declared dead on admission. Rakesh Pandey was employed at an amusement Park and used to assist his brother, who is into mandap decoration and electrical work.
While speaking to Santacruz Patrika, Sandeep Gurav of Jai Bajrang Mitra Mandal elaborated and said, “While Rakesh was fixing the banner he slipped and fell on the ground headlong. Thereafter we rushed him to a nearby private dispensary and were adviced to rush him to V.N.Desai Hospital. A group of lads from the mandal took him to V.N.Desai Hospital but to our surprise no senior doctor was available at the hospital. Finally, Doctor Sandeep Padgaonkar arrived and after checking Rakesh declared him dead. Adding further Prashant Dashwant also of the mandal added,” As Rakesh was lying in the hospital and his family was waiting for the papers from the hospital authorities for almost two hours after being pronounced dead and no senior doctor to attend we started pumping his heart and we noticed some movements in his body. Thereafter we immediately informed a doctor and seeing Rakesh condition he was asked to be shifted immediately to the ICU. The doctor at the ICU tried his best to revive Rakesh but he breathed his last in the ICU.” The doctor at the ICU told us that we were very late and had we admitted him in the ICU just a few minutes back, he could have been saved. Little did he know that we had been waiting in the hospital for two hours after Dr Padgaonkar declared Rakesh dead,” said members of the mandal.
Thereafter, unable to bear the loss of his brother, Sachit Pandey became unconsciousness and was admitted to the hospital. While speaking to Santacruz Patrika, the dejected Sachit said, “My younger brother was accustomed to climbing heights and fixing banners. But his death is largely on account of negligence on the part of the doctor and no proper medical treatment at the hospital.”
In a state of rage and fury, the friends and relatives started protesting. They started damaging hospital property including the hospital gate and glass windows. Agitated relatives and friends assaulted Padgaonkar. In an effort to calm the enraged mob, the police was called and after an hour, they were successful. Satyanarayan Chaudhary, DCP of Zone VIII was also present at the hospital trying to pacify the crowd. The hospital authorities later said that Padgaonkar had checked the patient properly. However, he was admitted to the ICU, as his family was not convinced that Rakesh was dead, said Dr S Wadekar, MS (in-charge) of VN Desai Hospital. Padgaonkar has registered a case of assault and obstructing a public servant from performing his duty against an unknown person at the Vakola police station. “We will also be writing to the hospital to notify them about Padgaonkar’s rude behaviour towards patients and their families. We have received complaints against him in the past as well,” said a police officer from Vakola police station. Authorities at Hospital refused to comment on the issue.
Immediately, the following day another incident came to light at V.N.Desai Hospital. A 15-year–old girl Anupama Srivastava of Narvekar Chawl, Dawri Nagar was admitted to V.N.Desai Hospital of high malarial fever. Similarly the doctors at V.N.Desai Hospital pronounced her dead. However, her neighbours on bringing her home claim that there was some movement in her body and was later taken to the nearby Dr. Chaube’s Clinic. On examining Dr Chaube declared her dead on admission. But since they were not convinced the doctor adviced them to take the patient to R.K.Hospital. Similarly, the doctor at R.K.Hospital declared her dead on admission. While speaking to Santacruz Patrika, Dr Chaube clarified, “The patient was brought to my dispensary dead. Her body had turned blue. But since a mob of around 200 people from Dawri Nagar had assembled outside my clinic and were insisting that she is alive, I requested them to take her to R.K.Hospital.” Adding further he said, “As police was on Ganeshotsav bandobast and seeing the mob outside my dispensary they arrived on the scene and the crowd was pacified”
This negligence of doctors at V.N.Desai Hospital, no proper medical facilities for patients and rude behaviour towards patients has also angered leaders of political parties. To this Nitinbhau More, Secretary of Rashtriya Republican Party while speaking to Santacruz Patrika said, “If corrective measures are not taken by medical authorities and strict action not taken by authorities against the rude and negligent activities of doctors, our party will protest and stage a dharna.” “We will not tolerate the sacrifice of innocent lives at the hands of these negligent doctors,” concluded More.