Negligence costs Bangalore's Fortis Hospital its licence to transplant organs

Fortis Hospital, Bannerghatta Road, has lost its licence to transplant kidneys, livers and to conduct homograft “with immediate effect” following a case of negligence which led to the death of an army officer’s wife last year.

The hospital was found to have performed the transplantation of pancreas despite having licence to transplant only kidneys, livers and conduct homograft.
The licence cancellation order was issued by the commissioner of health, family welfare & ayush services via order number JD (Medical)/ MDM/23/2011-12, dated September 12, 2011.

The commissioner issued the hospital’s licence cancellation order after the then Lok Ayukta N Santosh Hegde’s investigations found the hospital guilty of violation and negligence leading to death.

Major (Retd) Pankaj Rai, who lost his wife to the negligence by the hospital, had appealed to the Lok Ayukta to initiate action against the hospital. The investigations confirmed that Major Rai’s wife had indeed died as the hospital doctors had performed a surgery to transplant her pancreas although the hospital did not have the licence to do so.

The case had reached the high court, which ruled in favour of Major Rai and directed the commissioner of health, family welfare & ayush services to cancel the licence of the hospital to transplant.

The case came to the fore after Rajya Sabha MP Rajeev Chandrasekhar took up the issue in response to a plea for help from Major Rai after the latter’s wife had died due to alleged negligence on the part of the hospital. Chandrasekhar had followed it up with Union health minister Ghulam Nabi Azad as well as then Karnataka health minister B Sriramulu to ensure that justice was done.

Dr Lloyd Nazareth, chief operating officer, Fortis Hospital, said: “Fortis Hospital does indeed have permission to conduct liver and other abdominal organs, including pancreas transplantation. The interpretation of the transplant rules under the act by the department has been inconsistent and varied as per the understanding of the person implementing the rules. It is unfortunate that the department which has all through held and testified that Fortis Hospital has a licence has reversed its stand and has now cancelled the licence. Fortis Hospital is aggrieved by this action and will be making appropriate representation to the government and will be seeking legal remedy if necessary.”

Maj Rai, who endured the 16-month ordeal after his wife’s death, told DNA: “Doctors who take life of innocent patients should not be let free. And mine is not the only case. There are several cases of medical negligence taking place and action needs to be taken. I have now appealed to the Medical Council of India. Soon according to the protocol, Government of Karnataka will also file a criminal case against the doctors concerned and the hospital.”

The above is from the DNA, Mumbai
It came in my mailbox through PBT, a newsletter sent by Dr. Saha who himself lost his wife Anuradha owing to medical negligence by the doctors of AMRI group in Kolkata.

Some time back, on 9th September,I had reported the negligence of Fortis Hospital, Delhi, which had resulted in the death of Rupali Sharma.I think Fortis group of Hospitals is setting a record of sorts and they are competing with the Apollo group of Chennai and AMRI group of Kolkata to win the award for Hospitals who can kill the maximum number of patients.

I would suggest all our readers in India to subscribe to Dr. Saha's newsletter at http://pbtindia.com/ so that they are kept updated of the various acts of omission and commission of different hospitals, all over India.

Unfortunately, the people connected with these hospitals are so powerful that not everybody can manage to withstand their money and political power and clout and file cases and win against them. So, if anybody does win, it is commendable.