The Bombay High Court on Wednesday directed the BMC to provide details about the number of inspections conducted in the 13 nursing homes run by it in the last five years. The court also called for details of action taken, if any, against the doctors and other staff for alleged negligence.
The HC passed the direction while hearing a petition by a man whose newborn and wife died on April 29 at Sushma Swaraj Maternity Home in Bhandup due to the alleged negligence on part of the hospital authorities. The plea alleges that the survey was performed using flashlights of mobile phones due to a power failure.
A bench of Justice Revati Mohite-Dere and Prithviraj Chavan remarked that had the BMC performed its duties properly the incident could have been avoided. “Don't treat this as an adversarial litigation. We don’t know how many deaths would have taken place. Let his case be a case where proper guidelines are passed,” the bench said.
On a court query on action taken against the doctor for the alleged medical negligence, BMC advocate Poornima Kantharia said that the doctor was appointed on contractual basis and his services were terminated.
The judges were peeved as the Dean of JJ Hospital Pallavi Saple failed to appear before the court and apparently did not inform the state advocate that she would be unable to attend the court hearing. In her place, another senior Doctor was present through video conference facility, who informed that court that a committee of doctors, from three BMC-run hospitals, was constituted on September 4 to probe the alleged medical negligence case. JJ Hospital is the apex body of maternity homes in the city.
The court has asked the committee to submit its report on its probe in the case in two weeks.
The bench has asked the BMC to file its affidavit, along with rules and regulations governing maternity homes, within a week.
National Medical Commission (NMC) advocate Ganesh Gole informed the bench that he had already forwarded the petition to the commission which would be treated as a representation.
The HC has kept the matter for hearing on October 9.
