Earlier this month, the police filed a case against the “doctors and medical staff” of VS Hospital in Ahmedabad on charges of fraud and criminal conspiracy, a day after the staff of its mortuary allegedly swapped the body of a murder victim with that of a pregnant woman.

The family of 19-year-old Mittal Jadav, the murder victim, was handed the body of 26-year-old Nasreen Sayyed, who died during childbirth at the hospital. Both families have alleged negligence on the part of the hospital.

Police lodged a case under IPC sections along with sections of the SC/ST (Prevention of Atrocities) Act.

Nasreen’s family claimed the hospital did not conduct a post-mortem examination after her death.

Police asked the hospital to conduct autopsies on the bodies of Mittal and Nasreen. Mittal was declared brought dead at VS Hospital around 8 pm on Wednesday whereas Nasreen died during an operation to deliver her child on Thursday morning. Hospital authorities said autopsies had been conducted on both the bodies and they were kept in the mortuary.

Medical superintendent of VS Hospital Dr Manish Patel said action has been taken against staff. “One staff member, Ashwin Vaghela, has been suspended and an inquiry committee has been set up,” Dr Patel said. “Vaghela was assigned the task of labeling the bodies, and he will be kept under suspension till the probe is completed.” Asked about the FIR, Dr Patel said, “We have set up a committee to look into the allegations.” The body of Mittal was handed to her family Saturday evening after a second post-mortem. (Source: LatestLaws.com)

Comments

• The swapping of bodies by the hospital amounts to deficiency of service. It is the responsibility of the hospital to take care of all its patients including the patients who are dead.
• The hospital is obliged to label and maintain proper record of all its patients who are dead. At the same time, it is the responsibility of the hospital to maintain proper record and label the newborn child properly.
• The exchange of the dead bodies and / or of newborn children in hospitals happens only when the hospital staff including the doctors, nurses, paramedical staff do not maintain proper records and labels.
• The said action or omission on the part of the hospital is a tortious act for which the family members of the dead patients are entitled for compensation amount. The act of exchange of dead body or change of the dead body amounts to deficiency of service and the same is covered under the definition of “deficiency of service” as provided under Section 2(1)(g) of the Consumer Protection Act.  
• It is opined that the hospitals, doctors, nurses, paramedical staff including the administrative and other staff of the hospital should maintain proper record of all the patients; they should also label the dead patients and the newborn child properly.

Dr KK Aggarwal

Padma Shri Awardee

President Elect Confederation of Medical Associations in Asia and Oceania (CMAAO)

Group Editor-in-Chief IJCP Publications

President Heart Care Foundation of India

Past National President IMA