The Allahabad High Court, in a stinging rebuke, stated that private hospitals now treat patients like ATM machines, while refusing to quash criminal proceedings in a medical negligence case involving the death of a fetus due to delayed surgery.
📜 Case Background: Medical Negligence in Private Hospital
| Detail | Description |
|---|---|
| Case Title | Dr. Ashok Kumar Rai v. State of UP and Another |
| Court | Allahabad High Court |
| Judge | Justice Prashant Kumar |
| Allegation | Surgery delayed due to absence of anesthetist |
| Outcome | Fetus died before operation; criminal proceedings not quashed |
| Key Issue | Private hospitals medical negligence and infrastructure failure |
Justice Prashant Kumar observed that hospitals often lure patients without having the necessary staff or equipment, leading to mismanagement of critical procedures.
🧑⚖️ Court’s Observations on Private Hospitals Medical Negligence
- Consent for surgery taken at 12 PM; surgery conducted at 5:30 PM
- Delay solely due to absence of an anesthetist
- Death occurred before surgery could begin
- Medical Board’s opinion in favor of the doctor was disregarded due to missing documents
- The hospital operated without basic readiness — no justification for absolving responsibility
- Court emphasized: Protection under law applies only if the doctor acts with diligence
“Private hospitals/nursing homes have started treating patients as guinea pigs/ATM machines only to extort money…” — Justice Prashant Kumar
Amicus Curiae: Advocate Vrinda Grover
🏥 Ethical Line: Infrastructure vs. Accountability
The Court emphasized that medical professionals deserve protection only when they act with diligence. Those running hospitals without basic facilities cannot seek immunity under the law.
🕰️ Consumer Case Delay
The related consumer complaint has been pending for 16 years, which the Court found “surprising” but refrained from commenting on due to procedural limits.
💬 Vakilify Insight
This ruling reasserts the judiciary’s stance on medical accountability and condemns unethical profiteering in the name of care. Hospitals must maintain basic facilities and qualified staff before admitting patients — especially in emergencies. Courts will not protect negligent operators hiding behind infrastructure gaps.
🔗 Related Reading and Links
- 👉 Outbound: India Code – Section 304A IPC (Negligent Act)
- 👉 Outbound: Allahabad HC Judgment Portal
- 👉 Internal: Google India Not Liable for YouTube Defamation – Karnataka HC
