Mumbai: Bombay high court has directed JJ Hospital dean Dr Pallavi Saple to remain present in court on Wednesday to provide information about the inquiry into the April 29 death of a newborn during delivery at a Bhandup (W) maternity home and his mother, who was declared dead two hours later at Sion Hospital.
"We don't want a repeat of the incident," said Justices Revati Mohite-Dere and Prithviraj Chavan on Tuesday after hearing a petition by Khusruddin Ansari alleging negligence in the deaths of his wife Shaheedunissa and the baby.
The newborn died after a C-section was performed with a mobile phone torchlight due to a power failure at Sushma Swaraj Maternity Home.
BMC's advocate Poornima Kantharia said action was taken against the doctor who was on duty and was on contract. "The doctor, being aware of the electrical problem, should have consulted his senior. He should not have taken action on his own," she added. Kantharia said the chief medical officer "is due to retire." Also, "she was in another unit."
The judges questioned if there were no generators, how was permission granted to the maternity home. "How are hospitals without generators allowed to operate? You cannot make one person a scapegoat… There must be SOPs, permissions...," said Justice Mohite-Dere.
National Medical Commission's advocate Ganesh Gole said it could not initiate steps against the doctor for misconduct as it was not intimated. Justice Mohite-Dere said, "... lives are precious. Don't you have the power to take suo motu cognisance?" To this, Gole replied, "provided it comes to my knowledge". Pointing out that one can "get knowledge from newspapers", Justice Mohite-Dere said: "If something gross is happening somewhere in a medical institution or hospital, don't you have the power to take cognisance? You can't turn a blind eye. Gole then said Ansari's petition will be treated as a representation.
Ansari's advocate Swaraj Jadhav said all maternity homes and hospitals come under the supervision of JJ Hospital as it is the apex body with regard to doctor issues. He further said by now, BMC should have conducted an audit of "how many maternity hospitals are run like this [Bhandup maternity home]."
"Who is responsible for conducting inspection of BMC hospitals," asked the judges, and directed that a "responsible" BMC officer remain present in court on Wednesday to explain "what basic things should be there in hospitals".