Hospital deaths: Bombay HC pulls up Maharashtra govt, says state can’t escape onus

MUMBAI: The Bombay high court on Friday told the Maharashtra government that it cannot escape its responsibility by citing the high burden of patients coming to its hospitals while hearing suo motu a PIL following deaths in two state-run hospitals in Nanded and Sambhajinagar.
“You can’t escape by saying there is a burden of patients coming in. You are the state. You can’t shift responsibility to private players,” said Chief Justice Devendra Kumar Upadhyaya and Justice Arif Doctor.

They responded to advocate general Birendra Saraf saying that in government hospitals the “burden of patients is so high” and while the recent deaths are unfortunate but “it does not seem like gross negligence by the hospitals.”
On October 4, the court took suo motu cognisance of news reports on the deaths that include a “large number of infants” between September 30 and October 3 at Dr Shankarrao Chavan Government College Hospital at Nanded and Government Medical College and Hospital at Chhatrapati Sambhajinagar.
The judges took note of news reports that said the primary reasons for the large number of deaths is shortage of beds, doctors and essential medicines.
Saraf submitted a report in respect of Nanded hospital that stated that patients were brought in very critical condition after having been referred by private and smaller hospitals.
The report said three out of 12 infants who died were born in the hospital.
“Almost all are people who were referred to by other hospitals,” Saraf added. A report regarding Sambhajinagar hospital was not available.
Birendra Saraf said very often, in small hospitals, they do not have facilities and refer to government hospitals in a critical situation.
“Government hospitals take them in and endeavour to do their best. There is a struggle of burden on people and the state in which they come in,” said Saraf.
He said chief minister Eknath Shinde has directed divisional commissioners to inspect every hospital and inform them at the October 9 review meeting.
The judges pulled up the state government upon learning that the Maharashtra Medical Goods Procurement Authority, set up in May under the Maharashtra Medical Goods Procurement Authority Act, 2023, till date does not have a full-fledged CEO and is functioning from space in commissionerate. “How can this authority function in a room?’’ the CJ asked.
Among various directions, the judges directed the principal secretaries of the Public Health Department and Medical Education and Drugs to give details of steps taken in the last six months to ensure vacancies are filled.
Also, demand made for medical goods by hospitals for procurement in the last 6 months and supplies made. As suggested by amicus curiae advocate Mohit Khanna, the judges directed both secretaries to give details of demands made by Nanded and Sambhajinagar hospitals for procuring medical goods including equipment in the last one year.