A well known hospital Grant Medical Foundation’s Ruby Hall Clinic of Pune has to pay Rs. 10 lakh as a compensation as directed by the state consumer commission and also Rs 80,000 as costs to the parents of a five-year-old girl for negligence which cause to her death on February 9, 2010.
The girl was admitted to the hospital for the removal of kidney stones. After the surgery, her heart beats reduced as she became critical and died of cardiac arrest.
Her parents later discovered that one of the doctors, who was an anaesthetist for the operation, was not qualified to perform the task.
Justice A P Bhangale and member Narendra Kawde, comprising the state commission bench, held that the hospital and its doctor, Rusi N Marolia, were jointly liable for negligence in rendering services to the patient. The hospital had appointed Marolia as an anaesthetist since 1975.
The bench directed that its order be sent to the Indian Medical Council as well as the Maharashtra Medical Council for appropriate action against Marolia.
Ruby Hall Clinic’s chief executive officer Bomi Bhote told TOI, “We will surely file an appeal but we are yet to get the certified copy of the order.Dr Rusi Maroli is a qualified certificate holder in the field of anaesthesia from a Medical Council of India (MCI)-recognised institute and has been working with us as an anaesthetist for more than 30 years. He has qualified requisite certificate courses in anaesthesia 45 years ago and has worked as a registrar in the department of anaesthesia at B J Medical College attached Sassoon General Hospital in Pune for three years.“
The bench held that Marolia’s appointment as anaesthetist was a breach of the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations of 2002, which prohibit an unqualifi ed person from practising in a field in which he had no requisite qualification. The appointment was also in contravention of a Supreme Court ruling in relation to unqualified persons, it observed.
The bench dismissed the observation by a medical committee of Sassoon Hospital favouring Marolia, as being contrary to law and its interpretation by the Supreme Court.
It concluded that the administration of anaesthesia by Marolia without having requisite qualification was by itself sufficient to establish negligence.