An FIR was lodged against the Fortis hospital in Gurugram on Sunday, 10 December, in connection with the death of a 7-year-old dengue patient, the Haryana government has said.
Both civil and criminal action was being initiated against the hospital which was 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) at the Sushant Lok Police Station (Gurugram). The other criminal action against the hospital is being taken under the Epidemic Diseases Act.Official Spokesperson
This is being done on the directions by state Health Minister Anil Vij, the spokesperson added in an official release.
The release quoting Gurugram Deputy Commissioner Vinay Pratap Singh said instructions had been issued to all hospitals in Gurugram 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)Spokesperson
Earlier on Sunday, the police had said that the father of the victim had filed a police complaint against the hospital group, but no FIR had been registered in the case.
Civil Action Also Being Taken Against the Hospital
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. On the basis of the reply, action would be taken against the blood bank under which its license may even be suspended or cancelled, it was said.
HUDA Directed to Check Norms and Agreements Pertaining to the Treatment Facility for Economically Weaker Sections
The spokesperson also said that the health director has asked the Haryana Urban Development Authority (HUDA) to check the norms and agreement pertaining to the treatment facility for the economically weaker sections. If any negligence is found, action would be taken against the hospital, he added.
On Saturday, 9 December, Haryana Health Minister said that his department had written to the Haryana Urban Development Authority (HUDA) to cancel the lease of land to Fortis hospital in Gurugram due to alleged violations of the terms and conditions in the agreement.
"The land was given by HUDA to Fortis hospital in Gurugram in 2004 under certain terms and conditions, which included conditions like reserving 20 percent of beds for the poor, but they are not providing these beds. Therefore, we have written to HUDA to cancel their lease as they have violated the terms and conditions of the MoU," Vij had told reporters in Ambala.
Vij, on 7 December, ordered for the removal of the hospital from a list of private hospitals empanelled with the Haryana government, a day after a committee found several irregularities on its part that led to the death of the girl.
The girl's parents were charged more than Rs 15 lakh for treatment by the hospital.
‘Was Not Death, But Murder’: Haryana Health Minister
Moreover, following the indictment by the panel, Vij, on 6 December, had also said an FIR will be filed against the hospital and the license of its blood bank will be cancelled. The committee headed by Dr Rajiv Wadhera, Additional DG, Health, Haryana, was set up by the government on 21 November.
The hospital had earlier refuted the charges, claiming the patient's family was informed about the bill on a daily basis and that there was no medical negligence.
"In simple words, it was not a death, it was a murder," Vij had said at a crowded press conference.
“The hospital made a hefty profit on medicines given, which works out to 108 percent and for some consumables it is as high as 717 percent,” he claimed adding that costly medicines were used when cheaper substitutes were available.
Overcharging in giving platelets has also been found, he said. Platelets were given on 25 occasions, out of which Rs 400 per unit was charged on 17 occasions while on eight occassions Rs 2,000 per unit was charged, Vij said.
A costly injection was administered on most occasions, which cost Rs 3,112, whereas a substitute costing Rs 499 was available, Vij said citing the inquiry report.
The death of the girl happened due to not following the LAMA protocol, which is the Leave Against Medical Advice. The girl was on a ventilator, but she was put in an ordinary ambulance, ventilator was withdrawn and an ambu bag was not provided in that, which became the cause of her death, which is a very serious irregularity.Anil Vij, Haryana Health Minister
Fortis Tried to Buy My Silence: Victim's Father
The Father of the 7-year-old girl had earlier also said that the hospital offered to refund his entire bill and pay an additional Rs 25 lakh to stop him from going to court against them.
Senior members of Fortis met me, offered me a cheque worth Rs 10,37,889 refunding the entire amount... They also said they will be offering me Rs 25 lakh cash on top of this, said that I will have to sign, enter into a legal agreement, assuring to stop my social media campaign, or going to court and taking legal action against them.Jayant Singh, deceased girl’s father
The Fortis hospital, however, had refuted Singh’s allegations in an official statement, reported ANI.
Fortis said that they only offered Singh’s family a refund and no bribe was offered.
(With inputs from PTI.)
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