'Gross Medical Negligence, Amounts To Cheating': P&H HC Declines To Quash Summons Against Max Hospital For Allegedly Installing Cheap Pacemaker Resulting In Patient's Death

Observing that "apart from medical negligence, it is more a case of cheating", the Punjab & Haryana High Court has refused to set aside the summoning order against Max Super Specialist Hospital and its cardiologist who were booked for allegedly implanting a cheap pacemaker to make a profit which resulted in patient's death. 

Justice Deepak Gupta opined, "Apart from the case of gross medical negligence, it is more a case of cheating having been committed under a conspiracy by the petitioners (Max hospital and doctor)."

The Court noted that  Dr. Sudheer Saxena, the hospital's cardiologist, despite planning to install a biventricular triple chamber pacemaker costing roughly Rs 4.5 lakh, as per the consent given by the relatives, instead installed a cheap double chamber pacemaker which cost only Rs 45,000/-.

When the patient developed problems due to the pacemaker not being fitted properly, it was stated that the medical staff then implanted the triple chamber pacemaker.

Max Super Speciality Hospital, Mohali and Dr. Sudheer Saxena, Principal Consultant, Interventional Cardiology had moved the High Court seeking quashing of the summoning order passed by the Chief Judicial Magistrate Court, Mohali in the case pertaining to death by negligence under Sections 304A, 420 & 120B IPC.

A complaint was made by the wife of a deceased heart patient that the hospital in connivance with the other co-accused Doctors, to make extra money had implanted a cheap pacemaker of Rs.45,000 and falsely showed that a superior pacemaker was used for which the patient paid Rs. 4.5 lakh.

It was argued that when the patient's condition deteriorated, to hide his deceitful act, the accused Dr. Sudheer Saxena made an excuse to the relatives of the patient that the surgery would be completed on the next day to arrange an actual pacemaker due to the pain suffered by the patient.

It was alleged that because of the hospital's negligent approach and two surgeries, the patient lost his life. 

After hearing the submissions and examining the medical records, the Court opined that apart from the case of gross medical negligence, it is more a case of cheating having been committed under a conspiracy by the petitioners. 

The Court rejected the hospital's stand that the surgery was conducted in two stages for implanting the superior pacemaker.

"In order to conceal the said mischief, stand is taken that only triple chamber pacemaker was implanted, but in two stages and that in the first stage, only two leads were engrafted and in the second stage, third lead and pacemaker were implanted. The said stand is prima facie found to be incorrect in view of the various documents of the hospital itself," It opined.

Consequently, the Court found that there was sufficient material to hold that the petitioner should face the prosecution, and no fault was found with the impugned summoning order.

"The hospital record, as placed on record by the respondent- complainant prima facie demonstrate the sufficient material to proceed with the complaint against the petitioners, even in the absence of any opinion of the medical expert, as it has already been observed by this Court that more than a case of gross medical negligence, it is a case of cheating having been committed by the petitioners in conspiracy with each other," concluded the Court.

R.S. Cheema, Sr. Advocate, with Vishal Gupta & Ashok Sharma, Advocates, for the petitioners.

Karunesh Kaushal, AAG, Punjab

Bhavnik Mehta, Advocate for complainant.

Citation: 2024 LiveLaw (PH) 80

MAX SUPER SPECIALITY HOSPITAL AND ANOTHER v. STATE OF PUNJAB AND ANOTHER

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