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Supreme Court asks details from doctor who alleged that hospitals declare patients brain dead to harvest organsin Kerala

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PTI    03 July 2019

On Tuesday, the Supreme Court asked a doctor to get details on record with specific occurrenceswhich shows that patients were prematurely declared brain dead by private hospitals in Kerala to harvest their organs, as he has alleged in his petition.

The apex court said that they can examine the allegations if some evidence is brought on record by naming certain hospitals which are allegedly declaring patients as brain dead in order to harvest their organs for transplant.

A Bench comprising Chief Justice RanjanGogoi and Justices Deepak Gupta and Aniruddha Bose has granted four weeks to S Ganapathy, who appeared in person, to highlight the gross malpractice in the certification of brain dead in Kerala.

The bench has also said that they are grateful to the doctor for bringing the issue but have not given a single instance of patients being declared brain dead prematurely. Thus, the petitions are very general.

The doctor had filed an appeal in 2017 against a Kerala High Court order which stated that he was satisfied with the steps taken to prevent such malpractices. The doctor has alleged that especially in private hospitals, the patients are "prematurely" declared brain dead to ensure cadaveric donation of organs like heart, lungs, kidneys, liver and pancreas.

The apex court said that there has to be specific examples of such incidents occurringwith the names of the private hospitals given so that the order is not passed behind the back of such entities.

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