Court on its Own Motion vs Govt. of NCT of Delhi and Others

Rajiv Sahai Endlaw, J.—this Court had, at the instance of Mr. Ashok Aggarwal, Advocate, taken sue motu cognizance of the news titled "After 8-hour wait for ambulance, EWS patient dies", appearing in the ''Express Newsline'' newspaper of 01.06.2012. It was reported in the Newspaper that one Vikram alias Sonu aged 23 years suffering from TB Meningitis had died at Bhagwan Mahavir Hospital, Rohini after waiting for eight hours for an ambulance to be moved to a Super Speciality Hospital. A note prepared by Mr. Ashok Aggarwal, Advocate was also handed over in which it was stated that the deceased suffering from TB Meningitis was admitted on 28.05.2012 in the ''paid category''; the sum of Rs. 10,000/- demanded, was deposited with the said hospital; that on 29.05.2012, on production of BPL card, the hospital agreed and converted the patient from ''paid'' to ''EWS'' category; since his condition worsened, he was put on ventilator support; that since certain tests required to be conducted were not available in the said hospital, it was suggested that the patient be shifted to another hospital; though Max Super Speciality Hospital in Shalimar Bagh was approached and asked to provide an ambulance with a ventilator and the said hospital also agreed to admit the patient but informed that it did not have a ventilator fitted ambulance; thereafter the possibility of arranging of private ambulance (ventilator fitted) was explored but the cost of Rs. 5,000/- thereof could not be borne by the relatives of the patient; though a call was made at telephone No.102 to provide free of cost ventilator fitted ambulance for shifting the patient but was denied due to non availability of driver; ultimately such an ambulance from Sushruta Trauma Centre was arranged and reached the hospital but its ventilator was non-functional; owing to such delays, Vikram alias Sonu died. Notice of the petition was issued to Government of National Capital Territory of Delhi (GNCTD), Bhagwan Mahavir Hospital and Max Super Speciality Hospital. Reply has been filed by Bhagwan Mahavir Hospital and a Status Report dated 30.07.2012 has been filed by GNCTD.

Bhagwan Mahavir Hospital, Rohini in its reply has denied that it had mooted the suggestion to shift the patient; it is stated that it was the relatives of the deceased who wanted to shift him to a bigger hospital inspite of being told that the best possible treatment was being administered and shifting to another hospital would not affect his condition. It is further stated that the deceased suffered a cardiac arrest. It is yet further stated that the said hospital is equipped only with 26 beds and has already refunded the amount earlier deposited when the deceased was admitted as a patient in the ''paid'' category. The hospital has further stated that the death is not attributable to lack of any facilities in the hospital or for the delay in arrival of the ambulance.

GNCTD in its Status Report has stated that on the complaint of Mr. Ashok Aggarwal, Advocate, the matter was enquired into; that usually Centralised Accident & Trauma Services (CATS) does not shift patients from one private hospital to another and the prime responsibility for providing the ambulance lies with the concerned private hospital and reference into allegations of medical negligence had been made to the Registrar, Delhi Medical Council. Mr. Ashok Aggarwal, Advocate has contended that compensation for death be awarded. However in the aforesaid state of affairs, we, in this proceeding are unable to return any finding of negligence or of the death being attributable to lack of facilities and amenities which GNCTD as ''State'' is expected to provide to its citizens. We therefore dispose of this writ petition granting liberty for filing a suit for damages, if so advised.

No costs