In a stunning development during hearing of a PIL filed by PBT seeking court’s permission to exhume the body of 6-month old baby and perform post-mortem to help in search of justice, Calcutta High Court division bench presided by the chief justice said that they may allow the writ petition provided PBT makes an advance deposit of Rs. 10 lakh which will be returned only if it is proven that this death involved medical negligence.
Akshay Ghosh, a poor man from Asansol (200 km from Kolkata) whose 6-month old daughter, Kushi Ghosh, died last March at HLG Hospital in Asansol from alleged gross medical negligence after an injection was given the child, recently came to PBT seeking help to find justice. The HLG Hospital denied all charges of medical negligence and tried to botch up medical records.
In order to find the cause of death, PBT moved a PIL with supporting opinion from forensic expert seeking exhumation and post-mortem of the baby.
Although post-mortem after almost three months of death provides no guarantee that the exact cause of death may be identified for obvious decomposition of the body, there is some chance that the cause may become clear following the post-mortem. But post-mortem report may at most be useful as a piece of supporting evidence. Proving a case of “medical negligence” before the court of law requires many such supporting evidences and testimonies from the witnesses.
Is it possible for PBT, a purely charitable organization working selflessly to help the hapless victims of medical negligence find justice, to put up Rs. 10 lakh in advance with a guarantee that “medical negligence” will be proven in the court of law?
Nobody can be prejudiced with exhumation and post-mortem of Kushi Ghosh and her unfortunate parents also provided written submission requesting the court to allow exhumation and post-mortem of their deceased child. So why to impose this heavy financial burden to a bona fide NGO like PBT before the court may allow their PIL to exhume the body of Kushi and perform post-mortem examination?