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Meghalaya High Court · body

2019 DIGILAW 149 (MEG)

S. P. Mahanta v. Union of India

2019-05-13

H.S.THANGKHIEW, MOHAMMAD YAQOOB MIR

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JUDGMENT : Mohammad Yaqoob Mir, J. Pursuant to order dated 08-05-2019, while taking serious note of postponement of surgeries in the Department of Cardiology, it was directed that Head of Department of Cardiology Department and Director shall work out a working formula so that patient care will not suffer. Furthermore, it was directed that a meeting shall be held under the Chairmanship of Additional Chief Secretary for a long term solution to all issues and immediate decision regarding emergency surgeries. 2. The meeting held on 08-05-2019 by the Medical Superintendent, the minutes recorded reveal that a list of items as stocked at the Amrit Pharmacy, NEIGRIHMS was provided to the Cardiology Department. The Head of Cardiology Department had made certain suggestions as mentioned in the minutes of the meeting. The Medical Superintendent had requested the Cardiology Department to submit a list of the essential items for immediate consumption of Cath Lab procedure. On the next date, a list was submitted which contained the same items as were figuring in the list submitted on 30-05-2017. 3. That apart, the meeting under the Chairmanship of Additional Chief Secretary was also held, the following decisions were taken in the meeting: "1. It was informed by the Director of NEIGRIHMS Dr. D.M. Thappa that the Medical Superintendent of NEIGRIHMS was authorized to interact with the Cardiology Department and already there was a meeting held on 8.05.2019 over the issue. 2. It was informed by Medical Superintendent Dr. Noor Topno that the indent issued by Cardiology Department was the same as 2017 and items were general and voluminous. As such it had to be broken down to essential surgical items and accessories for Cath Lab procedures only. He also informed that for the long term, indents could be made to AMRIT pharmacy with a copy to Medical Superintendent, NEIGRIHMS. This should be done preferably 1 day in advance. 3. With regards to the procedures to be followed the Head of Cardiology Department informed that there is a need of onsite inventory at the Cath lab for surgeries. He also informed that though he had made a request for user charges policy it had not been formulated yet. 4. The HoD of Cardiology Department NEIGRIHMS also informed that they had requested for stents, pacemakers and accessories and surgical equipment with all specifications to NEIGRIHMS from time to time. 5. He also informed that though he had made a request for user charges policy it had not been formulated yet. 4. The HoD of Cardiology Department NEIGRIHMS also informed that they had requested for stents, pacemakers and accessories and surgical equipment with all specifications to NEIGRIHMS from time to time. 5. The representative from AMRIT informed that whatever stents and other accessories already in stock it would be made available immediately to the department. For other accessories she assured that after getting the requisition they would be able to make available the surgical items and kits within 4-5 hours on emergency. 6. AMRIT store also assured that for other indents also they would try to get the surgical equipment and accessories by 3 days. 7. Additional Chief Secretary directed that the surgeries as directed by the Hon’ble High Court should start immediately and urgently and a report be shared with her on a daily basis on the number of surgeries performed per day so that Chief Secretary to the Government of Meghalaya could submit an affidavit before the Hon’ble High Court on Monday." 4. The Head of Department Cardiology assisted by Dr. Amit Malvia made it clear that infact no actual surgery was performed, however, only diagnostic emergency was carried out. It is their submission that Amrit Pharmacy did not provide the stock required and even though Amrit representative had assured for making available the surgical items and kits within 4-5 hours, that too has not happened in support whereof a letter was sent wherein the technical staff has made clear as to how items were not supplied, as a result whereof surgeries were totally hampered. 5. It is quite unfortunate that in the process of working out a lasting solution to the problem and to meet urgent surgeries, nothing positive has been done, as a result whereof a 55 year old lady lost her life who had developed complicacies for want of immediate surgical intervention, that too according to the Cardiology Department for lack of surgical items. 6. To focus first on the death which has occurred, we shall have to see as to who has been negligent, both sides blame each other. 6. To focus first on the death which has occurred, we shall have to see as to who has been negligent, both sides blame each other. (i) The Head of Cardiology Department shall file an affidavit wherein in a chronological manner, it must be stated as to how the patient was taken care of from 05-05-2019 when she was admitted in the Cardiology Department right up to her death with supporting proof. Copy of the affidavit shall be supplied to the learned counsel appearing for NEIGRIHMS administration for filing response. (ii). Another affidavit shall be filed by the Head of Department Cardiology wherein it shall be item wise indicated as to whether the decisions as were taken in the High Level Meeting headed by the Additional Chief Secretary were followed in letter and spirit. Copy of the affidavit shall also be supplied to the learned counsel appearing for NIEGRIHMS administration. (iii) Amrit Pharmacy who is not arrayed as a party is arrayed as a party respondent through Ms. Rupa Chakraborty who shall also file an affidavit and to state as to whether she has followed the decisions taken in the meeting held on 09-05-2019. The requisite affidavits shall be filed and the response thereof also be filed before 16-05-2019. 7. According to Dr. Animesh Mishra, Head of Cardiology Department, at present 19 patients are waiting for surgery, requisite items are to be made available from today so that the Cardiology Department will be able to perform surgeries. The Head of Department Cardiology will send the requisition whatever needed to the Medical Superintendent today and thereafter Medical Superintendent shall ensure supply of those articles without fail. 8. Post on 16-05-2019. 9. Copy of this order shall be supplied to all concerned and Mr. S.P. Mahanta.