Srinagar: The J&K High Court has issued notice, returnable within four weeks to government through Commissioner Secretary Health and Medical Education Department, Director Health Services Kashmir, Deputy DHSK and Expert Committee through its Head, Dr. Abdul Rashid Najjar on plea challenging inquiry into the death of noted journalist Mudassir Ali in 2020.
A petition filed by Mussadir Ali’s brother—Jehangir Ali, said the doctor on duty delayed the treatment by "at least 20 minutes in Sub district hospital Chare Sharef"; did not start oxygen immediately when the patient was desperately asking for it; made the patient climb stairs instead of a stretcher when the doctor declared it as a case of heart attack and failed to give cardiopulmonary resuscitation and DC shock as per the protocol.
Jehangir Ali has sought directions to quash an Enquiry Report submitted to the DHSK by his deputy on 22 December 2020.
“ The (officials) be directed to conduct fresh enquiry in the matter in view of the guidelines laid down by the Supreme Court in Jacob Mathew v. State of Punjab reported in (2005) 6 SCC 1,” the plea reads.
“The (officials) be directed to give a clear finding with respect to the fact whether the conduct of the doctor, administrative staff and the ambulance team amounted to Medical Negligence in the given facts and circumstances of the case.”
The petitioner and the other accompanying attendants were then instructed to shift the deceased to SMHS hospital in a Critical Care Ambulance, which is around 30 Kms from the Sub District Hospital, Jehangir said.
“(Mudassir) was not kept on oxygen supply in the transit to SMHS hospital and resultantly the patient died en route and was declared brought-dead by the authorities at the SMHS Hospital.”
He said it is clearly discernible from the facts that the doctors and the administrative staff at the hospital delayed the treatment to be provided to Mudassir which ultimately aggravated his condition due to the fact that he was not kept on oxygen supply in the ambulance.
He said that an enquiry committee headed by Dr Abdul Rashid Najjar was constituted by DHSK and submitted the report.
However, he said that report was not in consonance with the guidelines laid down by the Supreme Court.
(GNS)
