DIRECTORATE GENERAL OF HEALTH SERVICES (GOVT. OF NCT OF DELHI) SWASTHYA SEWA MAHA NIDESHALAYA BHAWAN F-17, KARKARDOOMA, DELHI- 110032

F.24/965/NH/DHS/HQ/NW/2017-20/ 234709

CANCELLATION ORDER

Dated: 08/12/2017

WHEREAS, Max Super Specialty Hospital, Shalimar Bagh was initially registered under Delhi Nursing Homes Registration Act, 1953 on 05.09.2011 vide Registration No. 965 for 80 beds by the Supervising Authority under the said Act and the same was valid till 31.03.2014.

WHEREAS, the Supervising Authority under the said Act approved the increase of bed strength of Max Super Specialty Hospital, Shalimar Bagh from 80 beds to 150 beds and the same was communicated vide letter no. F.No.24/ NW/ 965/ DHS/ NH/ Pt. File/ 21165 dated 25.04.2012.

WHEREAS, the Registration no. 965 of Max Super Specialty Hospital, Shalimar Bagh was renewed by the Supervising Authority for 150 beds on 05.06.2014 and the smite was valid till 31.03.2017.

WHEREAS, the Supervising Authority under the said Act approved the increase of bed strength of Max Super Specialty Hospital, Shalimar Bagh from 150 beds to 200 beds and the same was communicated vide letter no. F N„ 21 /465/C7/NEI/DHC/11Q/ 14/65420 dated 08.12.2014.

WHEREAS, the Supervising Authority under the said Act approved the increase of bed strength of Max Super Specialty Hospital, Shalimar Bagh from 200 beds to 250 beds and the same was communicated vide letter no. F.No.24/ND/DHS/NH/965/2014-17/190159 dated 12.01.2017.

WHEREAS, the Registration no. 965 of Max Super Specialty Hospital, Shalimar Bagh was renewed by the Supervising Authority for 250 beds on 05.06.2017 and the same was valid till 31.03.2020.

WHEARAS, Max Super Specialty Hospital, Shalimar Bagh was inspected by lncharge, EWS Cell, Directorate General of Health Services, GNCTD on 20.11.2017 and during the said inspection it was found that EWS OPD was located in one comer of the hospital premises with a makeshift waiting area with broken chairs, the condition of EWS OPD and its waiting area was pathetic, the services in the said OPD was discriminatory and the free OPD achievement was less than 7.1% & 8.1% for 15.11.2017 & 17.11.2017, respectively.

WHEREAS, during the said inspection of Max Super Specialty Hospital, Shalimar Bagh it was found that the hospital authorities had not adhered to the Fresh Guidelines dated 26.09.2011 and had not implemented the directions conveyed vide MoM dated 17.10.2017.

WHEREAS, vide Advisory no. F.23/413/Gen/Circular/DGHS/205392 dated 11.05.2017 all Private Hospitals & Nursing Homes including Max Super Specialty Hospital, Shalimar Bagh were allowed to increase the bed strength upto 10-20% of their approved beds strength on temporary basis for six months and these extra beds shall be utilised for admitting Dengue/Chikungunya/fever cases only.

WHEREAS, during the inspection on 20.11.2017 it was found that patients, other than fever cases, with diagnosis of Vaginal Hysterectomy, Laparoscopic Cholecystectomy, Post URS + DJ Stenting were admitted on the extra beds allowed for admitting Dengue/Chikungunya/ fever cases only.

WHEREAS, a Notice to Show Cause dated 22.11.2017 was issued by the Supervising Authority to the Medical Superintendent of Max Super Specialty Hospital, Shalimar Bagh as to why contempt proceedings should not be initiated against you and your hospital and as to why the registration of your hospital should not be cancelled and also as to why Delhi Development Authority should not be requested to cancel the lease of the land at FC-50, Shalimar Bagh for violation of the rules for conforming to the requirement of free treatment prescribed by GNCTD and the reply to the same dated 27.11.2017 sent by Medical Superintendent of Max Super Specialty Hospital, Shalimar Bagh was found unsatisfactory.

WHEREAS, a case of alleged negligence on the part of Max Super Specialty Hospital, Shalimar Bagh in declaring one of the live twin babies as dead was reported in the media on 30.11.2017.

WHEREAS, the male twin baby was found alive by the family while taking the body to the cremation ground and was later admitted in another private nursing home where the newborn, though critical, was alive there for a week.

WHERAS, Director General of Health Services constituted a committee comprising of senior doctors for inquiring into the said incident and the said committee in its report concluded that the hospital have not kept any proper temperature and vital sign monitor mooed of the period of comfort care provided to the live male newborn.

WHEREAS, the committee also concluded that the staff nurses on duty were also at fault as they handed over the bodies of the newborns without any written direction from the paediatrician and they also missed the signs of life in the male newborn while handing over the body to the attendants.

WHEREAS, the committee also concluded that the hospital has entered the name of live male newborn baby in the still birth register.

WHEREAS, the committee members also opined that the dead newl.vm and a live newborn should have been kept and managed separately.

WHEREAS, on perusal of the report of the committee constituted by Director General Health Services, a prima facie case of gross medical negligence is found on the part of the hospital authorities.

THEREFORE, in exercise of powers conferred to me under Section 7 of Delhi Nursing Homes Registration Act, 1953, I, Dr. Kirti Bhushan, Director General Health Services, GNCTD and Supervising Authority for registration of nursing homes/ hospitals, hereby order that the Registration No. 965 in r/o Max Super Specialty Hospital, Shalimar Bagh stands cancelled till further orders and further direct the keeper of the hospital to refrain from admitting any new indoor patient and stop all outdoor treatment services in the premises with immediate effect. Indoor patients admitted prior to the issue of this cancellation order shall be given a choice by the keeper of the hospital to continue their indoor treatment in your hospital or to be transferred / shifted to another hospital of their choice.