Hospital formalities claims life of accident patient- When will this stop?

hospital-emergencyOn Thursday 30-10-2014 Girish Maliye an industrialist and a cycling enthusiast was hit by a tipper near Argan Talav Belgaum when he was cycling on his daily route.

Bella Vista Belagavi

What happened next is very disheartening.

An ambulance was called and taken to a private hospital where he wasnt admitted as there was no relative to sign the form and hence the ambulance made it to another private hospital where again he was not given timely treatment. His legs were broken and he was profoundly bleeding and this was the only cause of his death. If Girish was treated on time at the first hospital he would have been saved. He was without treatment for 5 hours.

Unlucky Girish Maliye who died due to non treatment in hospital
Unlucky Girish Maliye who died due to non treatment in hospital.

Sources have also told that Girsh himself told the hospital that, he was an industrialist and he owns two factories please start the treatment all the money will be deposited.

These hospitals have flouted the Supreme court order but will anyone take action?

What the law says:

In the case of Pt. Parmanand Katara vs Union of India in Criminal Writ Petition No.270 of 1988, D/-28.8.1989 (AIR 1989 Supreme Court 2039) the Hon’ble Supreme Court of India has observed: 

Every injured citizen brought for medical treatment should instantaneously be given medical aid to preserve life and thereafter the procedural criminal law should be allowed to operate in order to avoid negligent death. There is no legal impediment for a medical professional when he is called upon or requested to attend to an injured person needing his medical assistance immediately. The effort to save the person should be the top priority not only of the medical professional but even of the police or any other citizen who happens to be connected with that matter or who happens to notice such an incident or a situation”.

Can a doctor/hospital refuse medical care to emergency cases?
“Every doctor whether at a Government hospital or otherwise has the professional obligation to extend his services with due expertise for protecting life. No law or State action can intervene to avoid/delay the discharge of the paramount obligation cast upon members of the medical profession. The obligation being total, absolute and paramount, laws of procedure whether in status or otherwise which would interfere with the discharge of this obligation cannot be sustained and must, therefore, give way”

Should the doctors/hospitals wait for the police to arrive or any legal formalities before attending to a road accident victim? 
No. “The treatment of the patient should not wait for the arrival of the police or completion of legal formalities. All hospitals and doctors are required to provide immediate medical aid to all the cases, whether medico–legal or not”

The Skandan committee, in October 2014 told supreme court  that any doctor refusing to treat road accident victims should face disciplinary action as per the norms laid down under the Medical Council of India (MCI) guidelines. The MCI and the Ministry of Health will issue norms to hospitals on admitting accident victims, specifying that those accompanying them should not be detained or asked to pay fees. Hospitals, which don’t comply, could have their licences revoked. Now an executive order has to be passed to this effect.

In a landmark order recently, the Supreme Court has paved the way for a strong guideline that will protect those who help road accident victims. There will be no more harassment by policemen and no pressure to disclose your personal information. The Supreme Court on Wednesday has directed the Union Government to issue executive orders within three months to protect good samaritans who want to help road accident victims

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6 COMMENTS

  1. The response from Hospital was expected. They have found a scape goat by putting blame on 108 Ambulance drivers, Who helped and brought Girish N Maliye to the KLE Hospital. KLE Hospital Totally denied and it may be 2 or 3 minutes the ambulance guy waited. A ward boy has told my Bro-In-Law that he cannot be admitted as he is alone. I am really shocked, how people of Belgaum are still quiet. KLE hospital License should be cancelled. They believe, with the muscle and money power, they can victimize poor people. I appeal to the People of Belgaum to carry out a massive protest and make sure the culprits from KLE hospital are booked and penalized for the heinous crime, which caused my Brother-In-Laws Death. If people of Belgaum keep quiet today, then they have to suffer for lifetime. KLE is a black mark to the society. On 31-OCT-2014. MR.M V Jali assured in writing, they will book and ensure legal action against the culprits. But today, they have done a U turn. PEOPLE of BELGAUM WAKE UP and help yourselves to get better attention to HUMAN LIFE. A prominent Lawyer and honest Lawyer need to take this up and help to get Justice not only to Girish’s SOUL, But to the entire SOCIETY. I HOPE, we still have good and honest lawyers in the society, who will help to nab those culprits.

  2. I would request the People of Belgaum to protest in fron of Distrtict Magistrate and submit a Memorandum stating about the incident, so that serious action is taken against the KLE hospital.

  3. The Government should take serious action against such cruel hospitals. It’s really very heart breaking incident. The hospitals would have saved his life.

  4. Really sorry for such a negligence from the Hospitals.
    The relatives should go ahead & file an FIR against such hospitals for not attending / admitting in time for the patience. Just go ahead with the Supreme Court passed verdict / clause , mention in the FIR and bang the hospital authorities for their negligence before some other such incident happens…

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