The state health commission on Friday fined CMRI hospital Rs 10 lakh for the death of a newborn who was treated by a doctor whose postgraduation degree in paediatrics from Germany is not recognised in India.
Arshe Azam’s son was born at the hospital and Biswajit Bhaduri operated on him thrice.
The West Bengal Clinical Establishment Regulatory Commission has asked the hospital to pay Azam the fine within 15 days.
A hospital official, however, said there was “ambiguity in the criteria of the qualification and lack of clarity regarding the practice guidelines of this speciality”. “However, adhering to the commission’s judgment we hope to seek further legal assistance,” the official said.
The commission hasn’t found any conclusive evidence, though, that the treatment protocol was wrong, chairman Ashim Kumar Roy said.
“During investigation, we found only the MBBS degree of the doctor who treated and operated on the child valid,” Roy said. “His paediatric specialisations are from German institutes and the Medical Council of India and the West Bengal Medical Council don’t recognise them.”
The boy was born on April 1, 2017. When he didn’t pass stool in 24 hours, an examination revealed an intestinal block. He was operated on by Bhaduri to create a stoma, an artificial opening for faeces to pass out of the body, according to the commission’s order.
He was discharged and Bhaduri operated on him again three months later to close the stoma. But the child still could not pass stool and he was again operated on to create a stoma once again, Azam said in his complaint with the commission.
Azam, a Calcutta resident with a business in Mumbai, got the child discharged and filed a police complaint against CMRI, alleging medical negligence. The boy was treated at another private health-care unit after this. But he did not recover and died in December 2017.
Chairman Roy said the hospital was penalised for taking a unilateral decision to let a surgeon “without specialisation recognised in the land” operate on the child.
Bhaduri said he would not say anything. “The boy’s father has filed a case and the matter is sub judice.”
