[Death Of Lady Advocate] Plea In Madhya Pradesh HC Seeks Cancellation Of License and Action Against Erring Hospitals [Read Petition]

The petition has been filed by Advocate Anil Ojha (Ex. President of High Court Bar Association, Indore) through Advocate Deepak Rawal after the death of Advocate Achla Joshi due to the alleged negligence of two hospitals in the city.

It has further been submitted that the deceased Advocate Achla Joshi was an active practicing advocate for more than 30 years and she was involved in various social activities.

Based on Daily News Paper Article, the Petitioner has indicated that the lady advocate had suffered a heart attack on 05^th September and was immediately rushed to the nearest hospital but due to the non-availability of bed, she was refused treatment at Bombay Hospital.

After that, her relatives took her to Aurbindo Hospital where also the treatment was initially denied.

However, as per the plea, later on, severe insistence, she was administered oxygen (at Aurbindo Hospital) on the stretcher but that caused loss of time and she could not be saved as during cardiac arrest immediate medical help is most important.

"Aggrieved by the news headline printed in Dainik Bhaskar news dated 06/09/2020 and various other daily Newspapers wherein a senior lady Advocate succumbed to death due to the negligence of hospitals. I, on behalf of various others advocates and residents of Indore felt obligated to file this Public Interest Petition to highlight the ill-treatment going in the city of Indore by hospitals amidst corona outbreak." the Petitioner has contended in his plea.

The petitioner has sought the issuance of an appropriate writ in the nature of mandamus or any other appropriate writ directing the respondent to immediately cancel the license of erring hospitals and strict action to punish the guilty.

The petitioner has also prayed for "an immediate direction against such unethical conduct and to register a case under murder against the erring hospitals and district administration to take strict action against the license granted to erring hospitals."

"Hon'ble Supreme Court in its various orders has made no patient should suffer due to COVID-19 situation and hospitals should take the utmost care. The whole country is facing a crisis situation but Indore City has seen a major decline in Corona patients but non-COVID-19 patients are suffering most as they are not treated with utmost sincerity and care", the petitioner has further submitted.

The grounds for approaching the High Court (as mentioned in the Plea)

· In the matter of PIL WP 5467/2016 the Hon'ble High Court directed the respondent no 3 (Bombay Hospital Indore) to take proper care of all the patients and especially BPL patients but of no avail.

· It is the duty of doctors to save lives and not falling prey for this entire administrative gimmick. A patient who was required immediate attention was left over to die by no stretch of imagination respondents can deny their gross negligence.

· It is the duty of administration and Collector to provide the same facilities to each and every resident of the city but treatment is only available for VIPs and not for the common people.

· The actions of the respondent are contrary to law, equity and good conscience

· The action of the respondent is arbitrary, unreasonable, and irrational.

· The action of the respondent is bad in law.

The matter is likely to be taken up by the High Court this week.

Click Here To Download Petition

[Read Petition]

[Read Petition]