Private hospitals, nursing homes treat patients like ATMs, says HC | Lucknow News
PRAYAGRAJ: Dismissing a petition filed by a doctor seeking quashing of a 2008 case alleging medical negligence, the Allahabad HC observed that private hospitals/nursing homes were treating patients as ‘guinea pigs/ATMs’ only to extort money.It was alleged that the doctor not only committed negligence but even after charging Rs 8,700 demanded an additional Rs 10,000. He had also refused to issue a discharge slip. Dismissing the petition filed by Dr Ashok Kumar Rai, Justice Prashant Kumar observed, “Any medical professional who carries out his profession with due diligence and caution, has to be protected but certainly not those doctors who have opened nursing homes without proper facilities, doctors and infrastructure and enticing the patients just to extract money out of them.“An FIR was lodged on July 29, 2007, in Deoria, UP, alleging that a pregnant woman was admitted to a nursing home run by the applicant. It was alleged that there was a five-hour delay in performing operation by the applicant, by which time the foetus had died. When family members raised an objection, they were allegedly beaten up by the employees of the applicant.During the hearing, the applicant’s counsel argued that Dr Rai had the requisite medical qualification to treat the patient. It was also contended that, as per the report submitted by the medical board, no such medical negligence had been proved against him. The complainant’s counsel said the patient was in a stable condition during admission, yet the surgery was delayed as the nursing home did not have an anaesthetist.After hearing both sides, the court referred to two cases regarding protection to doctors in cases of medical negligence. Referring to apex court’s judgments in cases of Dr Suresh Gupta vs Govt of NCT of Delhi, and Jacob Mathew vs State Of Punjab, court noted that this protection can only be applied if medical professionals have carried out their duty skilfully. Criminal liability occurs if ordinary care is not taken by a doctor while treating the patient, court added.
