Kerala Court Issues Summons To Lakeshore Hospital, Its Doctors For Allegedly Transplanting Liver Of Brain Dead Patient In Violation Of Law

A Kerala Court recently issued summons to Lakeshore Hospital and some of its doctors, who were alleged to have transplanted the liver of an 18-year-old accident victim to a Malaysian national, in violation of the Transplantation of Human Organs Act (THOA), 1994. The victim's kidneys and liver were harvested in violation of the law, according to a private complaint before the court.

The Judicial First Class Magistrate VIII Eldos Mathew said there is a prima facie case and sufficient grounds for proceeding in respect of offences under Sections 18 (Punishment for removal of human organ without authority), 20 (Punishment for contravention of any other provision of the Act), and 21 (Offences by companies) of THOA. 

The victim had sustained a head injury following his accident on November 29, 2009. He was initially admitted to Mar Baselious Hospital, Kothamangalam. Thereafter, he was shifted to Lakeshore Hospital, Ernakulam, on November 30, 2009, and declared brain dead on December 1, 2009. The complainant, who is a doctor by profession, came to know about the facts of the case through a news report in January 2019. Upon his enquiry, he found that the organ transplantation had been conducted in gross violation of the existing laws, and that the consent of the parents of the victim had been obtained under misrepresentation. 

The complainant alleged that the respondents doctors had acted in criminal conspiracy and denied proper treatment to the victim and thereafter transplanted his organs to a foreign national in violation of the existing laws. He alleged that the hospital had amassed huge amounts of money through the same.

The complainant further alleged that the brain death was certified by a team of doctors who had not been authorized for this purpose. It was further averred that the doctors had not conducted Apnoea Test to confirm the brain death, and that importantly, both the hospitals where the victim had been admitted, had failed to evacuate blood from the cranial cavity. 

Dr. P. Sanjay of Government Medical Medical College, Manjeri, who performed the Autopsy, had raised a strong submission over the non-evacuation of blood from the cranial cavity, although the victim had been admitted in the hospital soon after the accident and the Neuro Surgeon had also been consulted. He opined that the same could have been life saving for the victim. He further said that the victim had not been subjected to hematoma evacuation or neuro surgery at Lakeshore.

Additionally, it was stated that the hospital authorities had downgraded the ventilator settings, although the petitioner had started breathing by himself on November 30, 2009. The doctor further stated that the declaration of brain death was not done as per the procedure under the Act, and that there was no evidence of the patient having been examined by the concerned doctors, although the certificate had been seen to be signed by them. Another anomaly pointed out by the doctor was regarding the transplantation team being given access to the patient and his liver being transplanted even before the declaration of death. 

The court in this case perused the case sheets, the statements of the complainant and the witnesses, the reports of inquiry and other documents and ascertained that the doctors of the Transplantation team had visited the patient and conducted the Liver test even before the declaration of death.

It noted that no Apneoa Test had been conducted before declaring brain death, nor had the Board of Medical Experts visited the patient twice with an interval of 6 hours, before the declaration of brain death.

It was further noted that the sanction of the internal authorization committee was also not seen to have been obtained for transplantation of organ to a foreign national. Additionally, the Court noted that as per the Malaysian Embassy Certificate, the wife of the recipient was shown as the donor, and not the victim. Lastly, mutilation of the victim's heart was also noted. 

It is on these grounds amongst others that the court found a prima facie case for proceeding under the provisions of the Act and issued summons to the respondent doctors. 

Case Title: Dr. S. Ganapathy v. Lakeshore Hospital & Ors.

Click Here To Read/Download The Order