Sunday, June 30, 2019

Inquiry ordered after pregnant woman dies in south Kashmir: Where can be the error?



Dr KK Aggarwal

Authorities have ordered an inquiry after a pregnant woman died at Maternity and Children Hospital Sherbagh in south Kashmir’s Anantnag district, even as the police took cognisance of the case. Shobi Jan (25) wife of Mohd Hussain Bhat of Sarnal Anantnag died on Tuesday (June 25). She walked into the hospital on the morning of June 25 (Tuesday). She was asked to take tea and snacks before her delivery which according to the family was fixed at 2 p.m. by the doctors. However, no doctor turned up at the scheduled time.

A female attendant observed that there was no movement of foetus inside the womb and she rushed to inform the doctors. There was no response from the doctors ill 11 pm when she was taken to labour room where no one from the family was allowed to enter. She was taken to operating theater at around 3 a.m.

It was at around 6: 30 a.m. that the operating theater was opened and that too when the police team reached the hospital. The case has been booked under 174 CrPc.

Applicable Laws

1. Section 174 in The Code Of Criminal Procedure, 1973

174. Police to enquire and report on suicide, etc.

(1) When the officer in charge of a police station or some other police officer specially empowered by the State Government in that behalf receives information that a person has committed suicide, or has been killed by another or by an animal or by machinery or by an accident, or has died under circumstances raising a reasonable suspicion that some other person has committed an offence, he shall immediately give intimation thereof to the nearest Executive Magistrate empowered to hold inquests, and, unless otherwise directed by any rule prescribed by the State Government, or by any general or special order of the District or Sub- divisional Magistrate, shall proceed to the place where the body of such deceased person is, and there, in the presence of two' or more respectable inhabitants of the neighbourhood, shall make an investigation, and draw up a report of the apparent cause of death, describing such wounds, fractures, bruises, and other marks of injury as may be found on the body, and stating in what manner, or by what weapon or instrument (if any); such marks appear to have been inflicted.

(2) The report shall be signed by such police officer and other persons, or by so many of them as concur therein, and shall be forthwith forwarded to the District Magistrate or the Sub- divisional Magistrate.

(3) When-

(i) the case involves suicide by a woman within seven years of her marriage; or

(ii) the case relates to the death of a woman within seven years of her marriage in any circumstances raising a reasonable suspicion that some other person committed an offence in relation to such woman; or

(iii) the case relates to the death of a woman within seven years of her marriage and any relative of the woman has made a request in this behalf; or

(iv) there is any doubt regarding the cause of death; or

(v) the police officer for any other reason considers it expedient so to do, he shall. subject to such rules as the State Government may prescribe in this behalf, forward the body, with a view to its being examined, to the nearest Civil Surgeon, or other qualified medical man appointed in this behalf by the State Government, if the state of the weather and the distance admit of its being so forwarded without risk of such putrefaction on the road as would render such examination useless.

(4) The following Magistrates are empowered to hold inquests, namely, any District Magistrate or Sub- divisional Magistrate and any other Executive Magistrate specially empowered in this behalf by the State Government or the District Magistrate.

MCI Ethics Regulations

3.3 Punctuality in Consultation: Utmost punctuality should be observed by a physician in making themselves available for consultations.

2.4 The Patient must not be neglected: A physician is free to choose whom he will serve. He should, however, respond to any request for his assistance in an emergency. Once having undertaken a case, the physician should not neglect the patient, nor should he withdraw from the case without giving adequate notice to the patient and his family. Provisionally or fully registered medical practitioner shall not wilfully commit an act of negligence that may deprive his patient or patients from necessary medical care.

Lessons

·         Internationally, husbands are allowed in labour rooms. The same should become a routine transparent practice in India too.
·         Punctuality must be observed. Even if the doctor is not available, the sister or the resident on duty, should introduce themselves to the patient and convey their credentials to them.
·         Every nursing home should use e-consultation and make the patient and relations talk through video chat within minutes of admission.


Dr KK Aggarwal
Padma Shri Awardee
President Elect Confederation of Medical Associations in Asia and Oceania   (CMAAO)
Group Editor-in-Chief IJCP Publications
President Heart Care Foundation of India
Past National President IMA


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