Can't Make Hospital Dysfunctional For Single Incident Of Medical Negligence: Allahabad HC Stays License Suspension Of Sanjay Gandhi Hospital, Amethi

The Lucknow Bench of the Allahabad High Court recently stayed the suspension of license of Sanjay Gandhi Hospital, Amethi.The bench comprising of Justices Vivek Chaudhary and Manish Kumar observed that because inquiry is pending in a single incidence of medical negligence, the entire hospital cannot be made dysfunctional.“In the given circumstances, keeping a hospital disfunctional during pendency of an inquiry in case of single incidence of medical negligence also goes against the interest of the public at large. This is not a case where large number of patients were suffered and negligence had occurred repeatedly. Therefore, to balance the interest of public at large and also maintain fairness in inquiry, the impugned orders whereby the suspension is ordered bearing order No.3808 dated 18.09.2023 and order of suspension No.3813 dated 18.09.2023 are stayed.”Counsel for petitioner argued that the hospital had been running for last 40 years in District – Amethi with no untoward incident. Based on one unfortunate incident, the registration of hospital cannot be cancelled and its operations cannot be stopped. Counsel for petitioner stressed upon the fact that Amethi being a small place, petitioner hospital is the main hospital catering to the people. Suspension of licence would have implications for the public at large. Per Contra, Counsel for respondent defended the suspension on the ground that a patient had lost its life due to serious improper treatment at the hospital. The Court observed that though it is a serious allegation and must be inquired into by the authorities, however, medical services in small cities is equally important. “This Court can take judicial notice of the fact that medical services in small cities are required major push up as there are limited number of hospitals and doctors available,” observed the Court. Accordingly, the Court stayed the suspension of the registration of the hospital and permitted the CMO/ CMS concerned to lay down any further guidelines to the petitioner's hospital for its proper running to avoid re-occurrence of such incident in future.Citation: 2023 LiveLaw (AB) 363Click Here To Read/Download Order

Can't Make Hospital Dysfunctional For Single Incident Of Medical Negligence: Allahabad HC Stays License Suspension Of Sanjay Gandhi Hospital, Amethi

Upasna Agrawal

Tags