Twin baby death case: Max hospital's licence cancelled

The Delhi government on Friday cancelled the licence of Max Hospital, Shalimar Bagh with immediate effect, for alleged medical negligence including the twins case in which one of the babies was found alive after being declared dead by the doctors.

Reacting to the decision, the hospital group said it was 'harsh' and 'unfair' and it will severely limit patients from accessing treatment.

The move came after a three-member inquiry panel of the government submitted its final report to Health Minister Satyendar Jain, who described the incident as 'not acceptable'.

According to the Directorate General of Health Services (DGHS) of the Delhi government's heath department, the licence has been cancelled till further order.

In the order issued by the DGHS, the keeper of the hospital has also been directed to 'refrain from admitting any new indoor patient and stop all outdoor treatment service in the premises with immediate effect'.

Chief Minister Arvind Kejriwal said, 'open loot or criminal negligence' by any hospital will not be tolerated.

'Whereas we don't wish to interfere in day to day functioning of pvt hospitals, however, open loot or criminal negligence by any hospital won't be tolerated. We won't hesitate to take strongest action in such cases (sic),' he tweeted.

Max Healthcare authorities, in a statement, issued hours after the cancellation of the licence by the Delhi government, said, 'We have not been given an adequate opportunity to be heard.'

'We have received the notice of cancellation of the licence of Max Hospital, Shalimar Bagh. We strongly believe that this ruling is harsh,' it said.

'We believe that even if there is an individual error of judgment, holding the hospital responsible is unfair and it will severely limit the ability for patients to access treatment. This will compound the shortage of hospital facilities in the national capital,' the Max Healthcare authorities said.

Earlier, addressing a press conference in New Delhi, Jain said the government will not tolerate 'criminal negligence', while terming the upscale private as a 'habitual offender'.

"Delhi government has cancelled the licence of Max Hospital, Shalimar Bagh with immediate effect," he said.

"Max Hospital is a habitual offender and three notices were served earlier to it. And, it has been found guilty in those cases too.

"Three notices had been issued to the hospital over lapses involving the EWS (extremely weaker section) quota patients and dengue fever beds. The action taken is in continuation of effect of previous notices," he said.

Kejriwal had recently said that his government did not want to interfere in the functioning of private hospitals, but will not tolerate 'criminal negligence', he told reporters.

"The (Max) hospital cannot admit and treat new patients, which means the the hospital's billing function is not active now. They continue to treat admitted patients," Jain said.

Comments from Max Healthcare authorities are still awaited.

Asked about the doctors' negligence in the twin baby case, the health minister said the Delhi Medical Council and the Medical Council of India are competent authorities to take action against doctors.

The DGHS in its order also said that 'indoor patients admitted prior to the issue of this cancellation order shall be given a choice by the keeper of he hospital to continue their indoor treatment in your (Max) hospital or to be transferred/shifted to another hospital of their choice'.

Jain had recently said that on November 22, a notice was sent to the Max Hospital for allegedly violating norms related to services to be given to EWS patients and use of dengue fever beds.

The three cases (twins, EWS, fever beds) were clubbed based on which the final action was taken.

"I have directed the hospital authorities that they can give offer to admitted patients to shift, otherwise they can continue to get treatment at the hospital.

"This is not the only mistake by the (Max) hospital. They have done three mistakes within a span of two-three months," he said.

Jain on December 6 had said that based on the final report of the probe 'strictest action' would be taken.

The Max Hospital case pertains to one of the premature twins, wrongly declared dead last week at the hospital where he was born, and who died during treatment at a nursing home in Pitampura a week later.

Both the babies were declared stillborn by the hospital and handed over to the family allegedly in a polythene bag.

But to their utter horror, the family found that the boy was still alive, while they were on way to do their final rites.

Meanwhile, the Indian Medical Association termed the decision 'too harsh a step', saying action should be initiated against 'those who are at fault' after inquiry.

IMA president K K Aggarwal, also a cardiologist, said the government decision was 'not in the interest of society'.

"I personally feel it was wrong. The government has taken a wrong decision... For a mistake that occurred at the level of a doctor, the licence of the hospital cannot be cancelled," he said.

In a statement released hours after the announcement by the Delhi government, the IMA said it was 'too harsh a step', and that action should be taken against those people who are at fault.

"We are not backing the mistake committed by Max super speciality hospital. However, the cancellation of license is too harsh a step. Action should be initiated against those who are at fault after proper inquiry by the Delhi Medical Council.

"Mistakes occur even at premier government hospitals such as AIIMS and Safdarjung Hospital," the IMA chief said.

"If government starts cancelling the licences of hospitals in such a manner than all the healthcare facilities will have to be shut down," he said.

IMAGE: People protest outside Max hospital where a newborn baby was declared dead in New Delhi this week. Photograph: PTI Photo