Kurla resident Kamlesh Singh has been waiting for five months now for a report by JJ Hospital’s medical negligence committee on the death of his 15-year-old daughter who was being treated for tuberculosis at KJ Somaiya Hospital. It is among the 100-odd cases pending before the panel.
Mr. Singh says, “Every time I approach them, they say there is a huge backlog and it will more take time.” Mr. Singh, who has alleged negligence by doctors as the cause of his daughter’s death, had filed a complaint with the Maharashtra Medical Council. “The Vinoba Bhave police, which is looking into my complaint, have already sent three reminders to JJ Hospital to take up my case on an urgent basis.”
How cases are dealt with
When an allegation of medical negligence is made, the police take down statements of all parties concerned, collect reports and send the file to JJ Hospital. Depending on the case, a three- or four-member panel of doctors is appointed to file a report. For instance, if a patient died during a heart surgery, a cardiac surgeon will be on the panel with specialists such as an anaesthetist and an intensivist. If the panel finds the allegation to be true, the police register an FIR for criminal negligence and the report helps the case stand in the court of law. However, the panel takes at least a year or two to submit the report.
It took nearly two years for the panel to submit a report in case of Shreya Nimonkar, a 44-year-old resident of Dombivali who alleged medical negligence after her ureters were damaged during a uterus removal surgery. “I kept going to the hospital and asked them to speed up. Despite my efforts, the report took almost two years. Ms. Nimonkar’s case is now pending in the High Court. She says, “There is no set process and the patient and relatives go round and round till they decide to give up the fight.” She has now decided to launch Setu Pratishthan, an NGO to help patients like her with the help of doctors and activists. “The doctors at JJ Hospital do not set a timetable for such cases. Everything happens slowly. There are so many public-run hospitals. The cases can be sent to them and disposed of quickly. The State should step in and take action.”
‘Police to blame’
A senior doctor at JJ Hospital said there are 10 medical colleges in Mumbai and Navi Mumbai. “Why is it that all these cases should land up in JJ Hospital?” He said the State should form a committee that works on an honorarium. “At JJ, we have to not only treat patient but also teach medical students. Anything else that we take up obviously takes time.” He said in most cases police documentation was incomplete. “We have to keep asking for statements as the file that the police send doesn’t reflect every detail of the case.”
Dr. T.P. Lahane, Dean of JJ Hospital, said cases were pending only because the police failed to produce documents. “Most times we get just a letter from the police. Then we write to them asking for all the files. In cases where we get a thorough file, we give our reports in eight days.” Dr. Lahane said cases were sent to JJ Hospital because there is no chance of manipulation in a State-run hospital.
