Medical Negligence

Court on its own motion Versus The State of Jharkhand W. P. (PIL) No. 645 of 2021 | Jharkhand High Court | Status: Inquiry team has to file its report and state of Jharkhand has to file its response | |

On 14th february 2021 a lady with 90 % burn died in MGM hospital, Jamshedpur, Jharkhand. As alleged by the victim she was put to fire by her husband, but she has died also as she was not provided treatment on time on 14th when she was admitted. A news flashed on 16th february 2021 in a local newspaper regarding negligence on medical attention to her. This news had prompted HRLN district lawyer Amrita Kumari, who in turn consulted HRLN Advocate Anup and on his advice she visited to MGM Hospital and taken photographs of the victim and given one representation to the Superintendent, MGM with a demand to provide proper medical treatment and further to shift the victim lady to burn department.

All the photographs and representation were provided to HRLN Advocate Anup on 17th itself. Looking at the gravity of the matter Advocate Anup had written a mail on 17th to the Hon'ble Chief Justice attaching all the photographs and representation.

Chief Justice had converted the mail into a suo motu PIL and on 17th itself the mail was forwarded to Advocate General office and thereafter only on 17th night the victim lady was shifted to Burn ward i.e. after a delay of at least 3 day. These negligence on the part of the MGM hospital had further caused the death of the victim on the intervening night of 17th and 18th February 2021.

High court had heared the matter on 18th morning and had passed the following order:

"......It also shows that the MGM authorities do not have any element of compassion. They are not able to take a decision as to who should be treated first in certain circumstances and they are utilizing dilly-dallying tactics in the treatment. However, this is our prima facie observation as we are not at all satisfied with the information given by the MGM Hospital to the leaned Addl. Advocate General....... This untowards and unfortunate incident has given rise to several questions regarding attitude of the Management of the Hospital, the facilities which are to be provided either by the State or by any competent authority to such Hospitals and perhaps it also shows lack of training to the concerned doctors and staffs in dealing with the situation as in no case a lady with 90% burn injury can be kept like that which is revealed from the photographs sent by Mr. Agarwal. ...... Accordingly, we would direct the Member Secretary, JHALSA to make an enquiry in this matter and submit a report to this Court within a period of one week. He would be at liberty to select a team of his choice. Apart from that, let the State also file counter affidavit answering the issues "