Bombay High Court Issues Notice To BMC After Woman, Newborn Die In C-Section Delivery Done Using Mobile Torchlight

A division bench of Justices Revati Mohite-Dere and Prithviraj Chavan took note of the submissions of senior counsel Gayatri Singh, who apprised the bench of the fact that the doctors in the Sushma Swaraj Maternity Hospital in Bhandup, Mumbai, operated the deceased with help of a mobile torch as there was no electricity at the hospital, in April 2024.

"What are the conditions in civic hospitals? We think the basic facilities need to be there in each hospital and the same are mandatory. We issue notice to the corporation," Justice Mohite-Dere observed.

The bench made the oral remark after hearing Singh, who informed the judges that her client's daughter Shahidunnisa Shaikh, who was admitted in the Sushma Swaraj Maternity Hospital, was not given a bed and was made to wait in the ward. She further alleged that the doctors operated her with help of mobile light as there was no electricity and no generator facility available. Soon after the delivery, her child died and even the deceased was found to be "pulseless" and yet she was transferred to the government-run Lokmaniya Tilak Hospital (Sion hospital) in the midnight in an ambulance which had no basic facilities.

The senior counsel told the bench that the lift in the hospital wasn't working and the deceased was brought down to the ambulance via stairs while she was "profusely" bleeding. Soon after reaching Sion Hospital, the deceased was declared dead.

In her submissions, Singh pointed out that both the hospitals did not furnish the medical records of the deceased despite she dying on April 29, 2024 and the family ran from pillar to post to get the case papers. The family then petitioned the High Court for the same.

The judges noted that the guidelines issued by the Indian Medical Council (IMC) mandate the hospitals to furnish medical documents within 72 hours of the patient or their family or a legal authority, asking for the same.

From the guidelines, the bench noted that if a hospital fails to adhere to the IMC guidelines, which are also ordered by the Supreme Court and the Bombay HC, they are liable to disciplinary enquiry.

"We would want to know what action to IMC will propose to take in this case. We will thus make IMC a party and the petitioners can serve them a notice too," the judges said.

The bench also ordered the zonal Deputy Commissioner of Police (DCP) to supervise the investigation initiated in this matter by the Bhandup Police in the aspect of medical negligence. This, the judges ordered, after noting some lapses on part of the police probe.

Further, the bench also ordered the government-run JJ Hospital, which has initiated a parallel enquiry into the matter, to submit its report.

The matter will be next heard after two weeks.

Appearance:

Senior Advocate Gayatri Singh along with Advocates Vijay Hiremath and Swaraj Jadhav appeared for the Petitioner.

Additional Public Prosecutor Vitthal Konde-Deshmukh represented the State.

Case Title: Khusruddin Ansari vs State of Maharashtra (WP(ST)/16488/2024)