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.

S.V.Airlinks office at Kalina looted

Whoever commits lurking house-trespass by night, or house-breaking by night, in order to the committing of any offence punishable with imprisonment, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine; and, if the offence intended to be committed is theft, the term of the imprisonment may be extended to fourteen years. Though Section 457 is an offence punishable with imprisonment the number of cases has been raising at alarming pace.
It was about a week ago Salvador Aloysious Saldhana whose office at S.V.Airlinks & Travel Agency at Kalina Salex Centre, Kalina Market also houses another office of Globenet Computer Education Training Centre for the past many years. As usual Saldhana’s office Manager Ajay Dulraj opens it around 7am and closes the office around 10 pm.
Last week it is learnt that S.V.Airlinks office had been broke open in the wee hours of the morning and an amount of Rs 55,000 was stolen from Saldhana’s cabin drawer. While speaking to Santacruz Patrika Saldhana narrated the incident and confirmed, “As usual my office Manager locked the office around 10 pm and left for home. Since he has to report in the morning he as usual came to open the office at 7am. However to his surprise he found the main shutter locks broke and office open. Thereafter he went to my cabin and found my drawer broke open and the cash of Rs 55,000 which I had received from my business client were missing from my locked drawer”. Adding further he stated, “As I received the call from my manager I rushed to office to find my office totally ransacked and Rs 55,000 stolen. Thereafter, I went to the Vakola Police station and lodged a complaint.” “Similarly, also around August last year my office was broke open and looted. Despite lodging a complaint with the Vakola Police station no action has been initiated. It’s more than a year and the outcome of last year’s office breaking has not been resolved and today another “said the dejected Saldhana.
“With the demolition of Kalina beat chowkie and no proper street lights in the area the number of such type of cases are on the rise. Similarly, with no proper police bandobusts this menace seems difficult to be curbed,” concludes Saldhana.

Shankar Lok Stands tall inspite being declared dilapidated and dangerous!

Recent building collapses in Mumbai have prompted the Government of Maharashtra to give serious thought to the reconstruction of more than 19,000 old and dilapidated buildings in the city. Most of these buildings, located in south Mumbai, are standing on their last legs. A petition on redevelopment of these cessed buildings is pending in the Mumbai High Court. Brihanmumbai Municipal Corporation in its pre-monsoon survey conducted has said that 876 buildings in south Mumbai are dilapidated and in imminent state of collapse. Besides being privately owned, the buildings belong to Maharashtra Housing and Area Development Authority, and the BMC. Wards like A, B and C have four to six storeyed buildings constructed 100-125 years ago, the survey said. "Roads and lanes are narrow, sewage and garbage disposal systems have completely collapsed leading to unhygienic conditions. Existing structures act as a death trap, in case of tragic accidents, like fire," the survey said.
Shocked at the dangerous living condition of families in Mumbai's dilapidated buildings, state housing minister has ordered that all these be immediately vacated. He had visited some of the 19,000 dilapidated buildings in the city. Officials of the Repair and Reconstruction Board were directed to ensure that residents were relocated before the monsoon. Though the civic authorities ritually put up notices declaring a building as dangerous and unfit for habitation, residents refuse to move out for fear of losing their homes.
Hence, Civic officials insist that action will be taken if residents refuse to vacate. Swadheen Kshatriya, BMC Commissioner said, "We will issue them notices and if necessary will forcefully evict them" But why the resistance to go to alternate housing? Residents say it’s because of their distant location, unappealing surroundings and uncertainty over their future. For lakhs of people in maximum city, a roof over their heads is considered a luxury and often it’s a strong sense of homelessness that makes residents choose to fall with their buildings rather than live at the alternate homes. Despite persistent government efforts during Mumbai rains, people continue to endanger their lives.
It was about 25-years ago when the developer Shankar Sarin constructed Shankar Lok building on a plot of land which housed slums. While speaking to Santacruz Patrika, one of the tenant of the building who was earlier a slum dweller said, “While constructing the seven-storey building, the developer promised to allot us flats in the building. But instead he sold most of the flats and is allotting pigeon-holes to stay in without any basic amenities.” The building ever since it has been constructed has been left un-attended with no maintenance of any sort. And also since the building has not been granted Certificate of Occupation (OC) the building is almost vacant with no residents living. Only a few residents living on the ground floor are residing in the building. With no water or other facilities no tenant is ready to stay in their flats and almost all have left to alternate places.
With the BMC dues having got accumulated into lakhs and being unpaid, BMC served notice to the building. Thereafter, Ashok Mastekar a developer from Dadar purchased the building in auction. Despite, Mastekar having purchased the building it still remains in pathetic condition with absolutely no repairs carried out. In fact huge slabs keep frequently falling down putting the neighbouring building occupants and their children who play around in fear of fatal injuries and putting the lives of many at risk. Looking at the risk involved, BMC on several occasions have served notices to the occupants to vacate the building so that the building could be demolished in the interest of their lives and the neighbouring building tenants. But, due to reluctance from a few tenants the building stands in a dilapidated condition with slabs falling, thereby risking lives of others. Recently, from the water tank on the terrace a huge slab fell on a nearby chawl damaging their roof. Luckily, since no one was there at the spot no casualties were reported.
However, another tenant while speaking to Santacruz Patrika said, “With the demise of the developer Shankar Sarin and the new owner Mastekar not ready to offer us any alternative accommodation, where are we to vacate and go without any penny.” “Does the BMC expect us to live on the footpaths with our family? questioned the angered tenant.
BMC way back in its survey conducted in 2007-08 had declared Shankar Lok as a dilapidated building and had accordingly served notice u/s 354 of Mumbai Municipal Corporation Act. As per their safety norms, every year prior to the monsoons, the BMCs Building & Factories Department carries out survey of buildings in every ward. Depending on the condition, residents are either asked to vacate or repair the building to avoid any causality due to danger of building collapse. As per that survey 10 structures in the H/E ward were found in unsafe category including Shankar Lok, which means that they are structurally unstable, in extremely dangerous condition and need to be vacated immediately. Despite, three years having passed after that survey BMC has done nothing and the building still stands tall and on verge of collapse. The BMC Commissioner S Kshatriya having issued an ultimatum in his words said, "We will issue them notices and if necessary will forcefully evict them". So, Mr. Kshatriya why have you remained silent in evicting the tenants of this dangerous building? Will you rise to occasion only after the building collapses and loss of many lives?
Secondly, it is also very astounding to note about the negligence and no action from the local Corporator Sanjay Potnis of Shiv Sena who is also the chairman of BEST. He along with his ex-corporator wife Sunaina Potnis and family live a handshake distance from the dilapidated building Shankar Lok. Also, the nearby Sumangal Co-Op Housing Society have recently sent a letter to the BMC which states, “ The building Shankar Lok being right opposite to Sumangal Co-Op Hsg Soc is in a very dilapidated condition, with large portions of its slabs falling almost everyday on the access path of our society. We wish to state that the condition of the building is such that it may collapse at any time which may be dangerous or even lead to fatalities. Looking at the gravity of the situation, we earnestly request you to declare the structure as a “dangerous” one and take up steps for demolition of the same before the occurrence of any untoward incident. From sources it is also learnt that the Siddharth-Yeshwant Nagar Hsg. Soc. Federation comprising about 50 societies are also planning to take up the matter with BMC in the interest of any casualties to the surrounding structures.
Old buildings become unfit for habitation as a result of one of the following factors (i) Neglect of normal repairs: Buildings reach a dilapidated state after routine repairs have been neglected consistently over a period of time. This neglect can pose an immediate threat to the occupants (exposed joints in a brick wall, for instance, can also cause an injury) and can eventually lead to a structural weakening of the whole building. (ii) Instability of the structure: Widening cracks in the wall, a low creaking sound from wooden beams or posts, progressively noticed sagging of beams, may constitute an early indication of a loss of structural integrity. (iii) Dampness: Dampness is another factor that can lead to serious problems in buildings. A damp patch is usually noticed near the water closet (WC) and bathroom area. Leaky joints in the water supply and drainage systems are very often responsible for walls suffusing with moisture. Discoloration and peeling off wall plaster are sure indications of dampness. If unattended, the moisture is liable to travel towards the structural wooden or reinforced concrete members and enhance their decay.
Summing up, will the BMC and concerned authorities take remedial measures in the interest of any casualties before it too late.

VIEWS & OPINIONS

Was the unethical demand of pay hike by MPs justified?

Sunita D'Silva, Journalist
No. Our politicians have started dictating terms for them without taking a consideration of our rising prices, inflation and overall economy. The norms of democracy, budgeting etc have been thrown to the wind and they are looking for their personal gains. The high disparity of income levels is putting our country into serious problems and it is high time our opposition and government work together in the interest of the nation instead of keeping an eye on power. In fact slowly and gradually, income has been shifting away from the majority towards the wealthy minority and a substantial segment of the population is being forced to eat less food and wear older clothing than before. This is exacerbated by the current global depression, which is further constraining mass consumption because of rising unemployment. This not always because these nations produce too little grain to feed their populations, but because the end use of the grain they do produce is determined by the superior purchasing power of their own elites and of richer populations. Within a given developing country, the middle- and high-income classes are able to corner the bulk of domestically consumed grain with a rising share for indirect use, while the low-income classes are deprived of even sufficient direct consumption to meet minimum needs. The rise in upper- and middle-class incomes thus has important implications in a developing country for the availability of food grains for the poor majority. Hence, these ministers with a thought of only growing richer are putting a serious burden on the economy and rising food prices and inflation. If this trend continues the poor will be left with no option but to starve.

Vijay Prabhu, Service
Definitely Not. Ms Jayalalithaa said Mr Karunanidhi had charged her with amassing wealth to the tune of Rs 66 crore, because she had declared that she drew only Re one as salary when she was Chief Minister from 1991-1996. She also said she was drawing only Re one as salary when she was the Chief Minister as she was not dependent on the salary to lead her life. As she had sufficient wealth and properties, she symbolically drew a monthly salary of Re one, so that the money could be used for the benefit of the people. The assets include large farm houses and bungalows in Chennai and its suburbs, vast tracts of agricultural land in many parts of Tamil Nadu, a farm house in Hyderabad, a tea estate in the Nilgiris, jewellery, cash in bank accounts, investments in financial firms and industrial sheds in Chennai. Then why do these MPs require a hefty raise in salaries when they don’t deserve.

Premanand Shetty, Business
No.Even the reported cases of corruption hardly ever lead to punishment of these anti socials in public service. The system stinks due to political corruption. A total overhaul of our public services both at Central and state levels is long overdue, but who it to bell the cat? Not possible in India, under any kind of democratic dispensation. Look at China, public services are said to be far more efficient, and punishment to offenders is mostly prompt and deadly, and the procedure for hounding out these elements is not a farce as it is in India. God save our motherland from this vile grip of demons among public servants, public service commissions and politicians acting in unholy nexus. WE DO NOT DESERVE DEMOCRACY in its present form due to this single cancer of public (dis)service. No scheme of fear, punishment, recognition and reward can ever work in India, any longer. Too difficult to stem the rot, to clean the Augean stables having accumulated muck for over half a century.

Daniel D'Silva, Student
They do not deserve. What is more astonishing is the fact that while the Maharashtra government has been spending a Rs 12 crore of taxpayer money every year on its ministers of state without allotting them any work since no files are marked to them. Portfolios without any responsibility or work. Each minister of state for sitting idle without any work is provided with 22 aides and staffers at office and at home, including a private secretary, 3 personal assistants, 2 stenographers, 8 peons, 3 telephone operators, 2 body guards and a driver. Besides each minister is given conveyance allowance of Rs 4.8 lakhs to keep his two official cars running and another Rs 1.8 lakh to keep to keep his cell phones and landlines ringing. To keep the idle ministers living cosily costs the exchequer Rs 12 crores a year and the innocent tax payer has to slog the day to keep these ministers living cosily without any work... What a shame. All the 22 aides and staffers at office and home are paid by the taxpayers for their secretaries, stenos to pass time on FB, peons to do household errand jobs, drivers to drop and pick-up children from school and drive the ministers wives to high fly malls for shopping. This is our democracy...

Arjun Ramrakhiani, Business
No.Now since the MPs have managed to squeeze for a hefty pay hike it is now the duty of the Parliamentary Affairs Ministry to inform the citizens of this country, how many MPs have PAN, how many of them have filed IT returns during the last three years and how many of them pay tax on their income. Since they are people representatives they are accountable to the people. Usually for any pay revision or salaries hike it is a different body or pay Commission which has to decide what a reasonable salary hike is. Here the MPS have adopted tactics of might is right and decided the hike on their own without considering how the 'Aam Aadmi' is surviving under adverse economic conditions due to high inflation. The MPs have the power to raise their own salaries, while democracy rulers and the poor labourers do not. A black day on Indian democracy....

THOUGHT FOR THE WEEK

Love your job but never fall in love with your company, because you never know when it stops loving you.

HUMOUR

An 80-year old Italian man goes to the doctor for a check-up.
The doctor is amazed at what good shape the guy is in and asks, "How do you stay in such great physical condition?"
I'm Italian and I am a golfer," says the old guy," and that's why I'm in such good shape." I'm up well before daylight and out golfing up and down the fairways." "Have a glass of vino, and all is well."
"Well," says the doctor, "I'm sure that helps, but there's got to be more to it. How old was your Dad when he died?"
" Who said my Dad's dead?"
The doctor is amazed. "You mean you're 80 years old and your Dad's still alive. How old is he?"
"He's 100 years old," says the old Italian golfer. "In fact he golfed with me this morning, and then we went to the topless beach for a walk, that's why he's still alive ... he's Italian and he's a golfer too."
"Well," the doctor says, "that's great, but I'm sure there's more to it than that. How about your Dad's Dad? How old was he when he died?"
" Who said my grandpa's dead?"
Stunned, the doctor asks, "You mean you're 80 years old and your grandfather's still living! Incredible, how old is he?"
"He's 118 years old," says the old Italian golfer. The doctor is getting frustrated at this point, "So, I guess he went golfing with you this morning too?"
"No. Grandpa couldn't go this morning because he's getting married today."
At this point the doctor is close to losing it. "Getting married!! Why would a 118 year-old guy want to get married?"
" Who said he wanted to?"

Torture by husband and in-laws leaves wife to run from pillar to post!

Sayeed Abdul Wahab Sheikh and Khushboo in happier times on the day of marriage ceremony

Torture by husband and in-laws leaves wife to run from pillar to post!
Cases relating to domestic violence, harassment over dowry, torture by husband and in-laws have become a common affair in today’s living environment. Many innocent married females have to face the music and bear the beastly treatment in a silent and dignified manner. But however, Khushboo a resident of Jawahar Nagar, Golibar, Santacruz is fighting her own battle against alleged torture and harassment from her husband, mother-in-law and brother-in-law. Khushboo got married with Sayeed Abdul Wahab Sheikh in April, 2009 with the consent of both families. In the initial three months after marriage the relationship between the couple and family were very cordial. However, thereafter the relationship started turning sour and today Khushboo is in a state of distress. Running from pillar to post and also haven given interview on TV for justice, Khushboo finally approached this publication along with her mother. While speaking to Santacruz Patrika, the dejected Khushboo narrated her story and said, “Because of the torture of my husband on the instigation of his mother I have been living a miserable life. Since I have only my mother and a college studying sister we are unable to meet the demands of my in-laws.” Adding further she said, “I have been silently bearing the torture and harassment of my husband, mother-in-law and brother-in-law for a long time. I have on several occasions approached the Nirmal Nagar Police Station and also met the Sr Inspector of police and Dy. Commissioner of Police but in vain.” Several NCs have been filed by the police but the beat officer of Nirmal Nagar Police has been very un-cooperative with me and has never paid any heed to my sufferings admitted Khushboo.
“It was about three months ago my husband left for office at Andheri and thereafter never returned back. I also visited his office to trace his whereabouts but I was informed that his services have been terminated. Hence, I have been residing at my mother’s place”, said Khushboo. While speaking to her mother she admitted,” I have received notice from the builder to vacate my chawl as it is going for redevelopment and I requested my daughter to go to her husband and in-laws.” But, to Khushboo’s surprise when she went to her husbands place she found some unknown persons residing. When she enquired it was learnt that her in-laws have rented out the house and Khushboo is left stranded. On enquiry Khushboo informed that her mother-in-law has admitted that since the chawl does not belong to her but her brother’s son Mohammed Rafiq Syed Raisuddin she has handed over the premises and probably he might have leased the chawl. This publication approached Mohammed Rafiq and while speaking to Santacruz Patrika he admitted and said,” Since, Khushboo’s in-laws were poor, out of love and affection I allowed them to reside at my chawl. Since then I have never ever rented the house to anyone and even if presently an unknown family is residing it is without my knowledge and am unaware.” He also categorically denied having rented the house to anyone.
Khushboo also adds that her husband had informed that he has paid the amount to Rafiq and on inquiry with Rafiq he said that since it is Ramzaan, it is unfair to disclose what the right hand has given to the left. So, Khushboo left stranded is seeking to return back to her husband’s home which is her legitimate home.