‘Can’t escape responsibility’: Bombay HC to Maharashtra government on recent hospital deaths

A bench of C J Upadhyaya and Justice Arif S Doctor was hearing a suo motu (on its own) PIL initiated by it in view of the recent deaths of patients at government hospitals in Nanded and Chhatrapati Sambhajinagar districts after advocate Mohit Khanna had approached the court over the issue.

Advocate General Birendra Saraf for the state government told the bench that a three-member panel had visited the government hospital in Nanded and found that most of the patients who died were brought at the last stage in “extremely critical situations” as private and smaller government hospitals have no facilities for such patients.

“There have been 11 to 20 deaths in a day in these hospitals before too,” he said and added that there is a lot of pressure on government hospitals. They cannot ask people to go away and have to accommodate everyone despite the heavy inflow of patients on referral from private and smaller hospitals, he said.

The bench responded, “You (state govt) cannot escape by saying there is a burden. You are the State. You cannot shift the responsibility/burden to the private players.”

State minister Hasan Mushrif at the government hospital in Nanded, where 31 deaths were reported. (Express photo by Deepak Joshi)

“There is no denying that there are issues. But it does not seem like there was any gross negligence by the hospitals. Of course, it is sad what has happened. People have died. Every death is unfortunate,” Saraf submitted, adding that the Chief Minister’s Office was monitoring the situation and local authorities were empowered to make necessary arrangements.

The high court noted the report by the Commissioner, Medical Education and AYUSH related to the 24 deaths at the Dr Shankarrao Chavan Government Medical College and Hospital in Nanded claimed that all medicines and other supplies required for the 24 patients concerned were administered and given by the hospital. The report also stressed the need for more personnel to deal with the increased number of patients in the neonatal care unit.

It further stated that 270 out of 317 posts of doctors and medical staff at the hospital were filled up and 47 of them remained vacant; of 97 sanctioned posts of senior doctors, only 49 (nearly 50 per cent) were filled.

“Government hospitals associated with colleges, senior and junior residents have responsibility and even one empty post cannot be accepted in any situation,” the bench said.

The bench asked the government how it planned to strengthen the public healthcare system and observed, “Everything is there on paper but if it is not trickling down then there is no point. This is not just about procurement (of medicines and other equipment) but the general state of healthcare in Maharashtra,” CJ Upadhyaya said.

The court also said that a “decline in percentage of budgetary allocation for department of public health, medical education and drugs was visible”.

Saraf submitted a chart indicating a budgetary allocation of 4.78 per cent of the total budget of the state in 2021, 5.5 per cent in 2022 and nearly 4 per cent in 2023. He added that additional budgetary allocation will be made through supplementary demands during the legislature session. The bench said that serious thought should be given to the situation related to healthcare in the state.

The bench directed the principal secretaries of public health and medical education departments to file affidavits giving details of sanctioned posts of doctors and medical staff across state-run hospitals and steps taken in the last two months to fill up vacancies.

The bench raised concerns over the non-appointment of a ‘full-fledged’ CEO for Maharashtra Medical Goods Procurement Authority, which was notified in May, this year despite four months having passed and said a person with additional charge of CEO “would not suffice” and an independent CEO should be appointed. The court asked the authority to give details of steps taken by it to procure and supply medicines and inform if it has sufficient staff.

Seeking affidavits from the government, the bench posted further hearing to October 30.