An FIR was lodged against the Fortis hospital in Gurgaon today in connection with the death of a 7-year-old dengue patient, the Haryana government said. Both civil and criminal action was being initiated against the hospital which was severely indicted of lapses by a probe panel in its report pertaining to the death of the 7- year-old girl, an official spokesperson said. “On the basis of the report, an FIR was registered today against the hospital under section 304 (2) of the Indian Penal Code (IPC) in the Sushant Lok Police Station (Gurgaon). The other criminal action against the hospital is being taken under the Epidemic Diseases Act,” the spokesperson said. This is being done on the directions by state Health Minister Anil Vij, the spokesperson said in an official release. A probe committee constituted to investigate the matter had earlier submitted its report to the health department.
“The department has directed the Civil Surgeon, Gurgaon, to provide one copy each of the report to the parents of the child and the hospital, and one copy to the police with instructions to initiate criminal inquiry against the hospital,” the spokesperson said in the statement. The release quoting Deputy Commissioner, Gurgaon, Vinay Pratap Singh, said instructions had been issued to all hospitals in Gurgaon that in cases of dengue or swine flu, they should inform the health department, but the Fortis Hospital allegedly did not do so. “For this negligence, the health department would get a case registered against the hospital under section 188 of the IPC (Disobedience to order duly promulgated by public servant),” the spokesperson said.
Besides the two criminal inquiries, civil action on three counts was also being taken against hospital, he added. “The Drug Controller Department has issued notice to the pharmacy running in the hospital for various shortcomings found and a reply is awaited. The State Drug Controller would take a decision on the reply and license of the pharmacy may be suspended under the Drugs and Cosmetics Act, 1945, or may be cancelled,” the spokesman said.
Similarly, on the basis of the report of the probe committee, a notice has also been issued to the blood bank of the hospital for which 15 days have been given to file a reply, he added. On the basis of the reply, action would be taken against the blood bank under which its license may even be suspended or cancelled, the spokesman added.
“Apart from this, the health department has also directed the Haryana Urban Development Authority (HUDA) to check the norms and agreement pertaining to the treatment facility to the economically weaker sections. If any negligence is found, action would be taken against the hospital,” he added. Yesterday, Health Minister Anil Vij said had said that his department had written to HUDA to cancel the lease of land to Fortis hospital in Gurgaon due to alleged violations of the terms and conditions of the agreement. A state government panel probing allegations of overcharging against Gurgaon’s Fortis hospital had found “several irregularities” including protocols not being followed in a case related to the death of a 7-year-old girl.
The bill for the treatment of seven-year-old Adya Singh had shot over Rs 15 lakh even as she died of dengue, according to officials. The Fortis group, had earlier said that all documents, statements and details required by the probe team of the Haryana government were provided. A committee headed by Dr Rajiv Vadhera, Additional DG, Health, Haryana was set up by the state government on November 21 to probe allegations that the private hospital overcharged the girl’s family. The Centre had asked the Haryana government to initiate an urgent inquiry into the case. The hospital had earlier refuted the charges, claiming the patient’s family was duly informed about the bill on a daily basis and that there was no medical negligence. In Delhi also, another leading private hospital has been facing the heat after the state government decided to cancel its licence over alleged medical negligence, including in a case where an alive baby was wrongly declared dead.