Violation of organ transplantation norms in Kerala: Criminal proceedings against hospital, 8 doctors
Kochi (PTI): A Kerala court has decided to initiate criminal proceedings against a prominent private hospital here and eight doctors for the offence of unauthorised removal of organs of an accident victim back in 2009.
The decision by Judicial First Class Magistrate Eldos Mathew came on a doctor's complaint alleging denial of proper treatment to the accident victim, declaring him brain dead without following due procedure and transplanting his organs into a foreign national in violation of the law regulating the same.
The court said it was of the view that "there is a prima facie case and sufficient grounds for proceeding in respect of offences under the Transplantation of Human Organs Act, 1994, against all the accused".
"The complainant has complied with all the requirements of the Act. Hence, the case is taken on file. Accordingly, it is directed that summons shall be issued to all the accused," the court said in its order of May 29.
The accused include the private hospital where the victim died, the neurosurgeons who examined him at the two hospitals he was taken to after the accident and the doctors of the transplantation team.
The magistrate said that after going through various court rulings, relevant statutes and considering the materials before him, it has emerged that evacuation of blood from the victim's cranial cavity after the accident could have saved his life.
"But there was no effort to drain out the blood, though the victim was examined by neurosurgeons at the two hospitals where he was treated," the court said.
The victim immediately after the accident was admitted in the Mar Baselious Hospital at Kothamangalam near here and then later shifted to the Lakeshore Hospital in Ernakulam.
The court also noted that even before planning to conduct neurosurgery or blood evacuation, HIV tests were conducted by Lakeshore hospital.
"Even prior to the declaration of brain death, doctors of the transplantation team visited the patient and a liver function test was conducted," the court further noted.
It also said the death certificate was not as per the prescribed norms and some of the doctors who signed it were not authorised to do so under relevant laws.
The court also noted that even the Apnoea test, a mandatory examination for determining brain death, was not conducted.
It also said the liver of the victim was transplanted into a foreign national without sanction of the internal authorisation committee and in the Malaysian Embassy certificate, wife of the recipient is shown as donor which was "suspicious".
All these grounds were also cited by the complainant, Dr S Ganapathy, who had claimed that the victim's relatives were made to believe he was brain dead and thus induced to donate his vital organs.
The victim, Abin V J, had met with an accident on November 29, 2009 when his motorcycle rammed an electric post and he sustained head injuries.
By December 1, 2009, he was declared brain dead, his vital organs were harvested and the liver transplanted into a foreign national, according to the complaint.
The complainant doctor, who resides in Kollam district of Kerala, came to know about the accident and what transpired thereafter from newspaper reports and on enquiry found that the organ transplantation was carried out allegedly in violation of then existing laws and by obtaining consent of the parents purportedly by misrepresentation.
Speaking to a TV channel after the court's order, Dr Ganapathy said there were several attempts to sabotage the case by changing the officers looking into it and a report was also released, purportedly by the district-level enquiry committee of the DMO, stating there was nothing wrong done by the hospitals or the doctors concerned.
"When one of the doctors who had signed the report claimed she never attended the meeting and her signature was forged, I knew something was wrong and I started to hunt for the medical records of the case," he said.
He alleged that right from the time the victim was referred from Mar Baselios to Lakeshore, the preparations had begun to harvest his organs without even considering saving his life.
"All that cannot happen without the knowledge and approval of the hospitals' management," he claimed.
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T'gana RTC strike: Talks between govt, employees successful
Hyderabad (PTI): Talks between employees of Telangana State Road Transport Corporation (RTC) who were on strike and the state government concluded successfully on Friday as the government agreed to the key demands of the workmen.
Following a day-long marathon of talks between the leaders of the employees' Joint Action Committee (JAC) and the cabinet sub-committee, the government announced after midnight that it acceded to the demands, including a merger of RTC with the government, 11 per cent pay revision and elections to the employees' unions.
A committee comprising officials and employee leaders would be appointed over the merger of RTC with the government, it said.
The RTC management has also agreed to address the remaining issues as well, an official release said.
The employees would call off their strike and the RTC buses would hit the roads shortly, it said.
The employees had been on an indefinite strike since April 22 over a series of demands, including the merger of RTC with the government.
Earlier in the day, a driver of the RTC, who attempted suicide on April 23 during the strike, died at a hospital here in the early hours of Friday.
Shankar Goud, a 55-year-old driver, set himself ablaze by pouring petrol at Narsampet in Warangal district when the employees were staging a protest on Thursday in support of their demands.
Goud suffered serious burns, was initially admitted to a state-run hospital in Warangal, and later shifted to a super-speciality hospital in Hyderabad for advanced treatment.
"He succumbed (to injuries) at about 1.30 am on Friday," a senior official said.
The driver’s body was taken to his relative’s village, Muttojipet in Warangal district, for funeral rites.
Tension prevailed in Muttojipet as his family members and RTC employees attempted to take the body to the Narsampet bus station, where he worked, to enable his colleagues to pay their last respects. However, police did not permit this, citing law-and-order concerns.
This led to a deadlock before the funeral could proceed.
Union Minister Bandi Sanjay Kumar criticised the Telangana government for not allowing the body to be taken to the Narsampet bus station.
Kumar, Minister of State (Home), visited Muttojipet village in Warangal district, where the funeral was held, and paid homage to Goud.
“They (family members) want to take the body to the bus depot for five minutes. Is the RTC bus depot in Pakistan or Bangladesh? They are emotionally attached to taking the body there. The government is hurting sentiments and creating fear among RTC employees,” Kumar told reporters.
He also expressed anger at the police for not allowing the body to be taken to the bus station and staged a protest, according to a release from his office.
RTC employees and BJP workers attempted to take the mortal remains in an ambulance to Narsampet, but were stopped by the police.
Later, after discussions with the police, the family members and RTC employees agreed to conduct the funeral in the village.
Sanjay Kumar, stating he would abide by the family’s decision, left the village after the funeral was conducted there.
Transport Minister Ponnam Prabhakar said an ex gratia of Rs 10 lakh, a house, and a government job would be provided to the kin of Goud.
Chief Minister A Revanth Reddy expressed shock over the employee’s death and conveyed deep condolences to the grieving family, according to the release.
The RTC employees’ JAC had earlier announced an agitation programme from April 24 to 29, including silent marches and submission of memorandums to MLAs and other leaders.
