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Akash Ghai
Tribune News Service
Mohali, December 9
In a complaint of death due to alleged negligence, criminal conspiracy and cheating, the Mohali court summoned the top authorities of the Max Super Specialty Hospital here and its principal consultant Dr Sudheer Saxena to face the trial.
The order, issued by the Chief Judicial Magistrate, Mohali, stated, ‘there are sufficient grounds to believe that the accused, Max Super Specialty Hospital, through its chief executive officer (CEO), and Dr Sudheer Saxena are guilty of medical negligence, conspiracy and cheating and have committed the offences under Sections 304-A, 120-B and 420 of the IPC. So, the accused are ordered to be summoned to face the trial under above Sections for January 6, 2015’.
The court also pulled up the Mohali police for not taking any action in this regard, observing that ‘the police authorities seem to be hand in glove with the accused. No record is produced by the police despite notice’.
Bhavnik Mehta, the counsel of the complainant, Pooja Gupta, a resident of Pinjore, said his client’s husband Rishi Gupta was referred to the hospital by a Chandigarh-based doctor in September last year. “The doctor at the hospital advised Gupta to opt for pacemaker implantation. Acting on the suggestion, Gupta underwent surgery to get a bivel pacemaker, costing around Rs 4.5 lakh, implanted,” claimed Mehta.
“On September 20, 2013, the hospital authorities told my client to deposit Rs 3 lakh as it was the day for conducting the surgery. The complainant was told that it would take around two hours for the entire surgery, but after six hours, she was informed that the surgery could not be completed since the doctor did not have the third lead of the pacemaker. They had implanted a wrong and cheap ‘double chamber pacemaker’ while my client had already paid for a superior pacemaker,” claimed Mehta, adding that the patient’s condition deteriorated after the surgery. On September 22, another surgery was conducted.
The patient was discharged on September 24 and on September 27, he had died, added Mehta.
Notably, following Rishi Gupta’s death, his relatives created a ruckus at the hospital. The police had lodged a DDR in this regard.
“The pacemaker was confiscated by the Mohali police,” said Mehta.
The court has set January 6 as the next date of hearing in the case.
When contacted, Dr Sudheer Saxena said he was yet to receive the summons in question. “I have not received the summons. I would be able to comment on the issue only after getting them,” said Dr Saxena.
The hospital authorities too claimed that they did not receive the summons yet.
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