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Introduction:

A shocking incident in Maharashtra's Mumbai where a pregnant woman and her child tragically lost their lives during a surgery conducted under mobile phone light due to a power outage has sparked a critical examination of India’s healthcare system. As the Bombay High Court seeks a response from the National Medical Association this case raises pressing questions about the right to life and quality healthcare, medical negligence and hospital infrastructure standards and further serves as a stark reminder of the importance of patient rights and the need for public discourse on healthcare standards. 

The background 

On April 29, after going into labor pain, a 26 year old young pregnant woman Shahidun Ansari was admitted for the C-section to the BMC run maternity facility named Sushma Swaraj Maternity Home in Mumbai. During the surgery the hospital experienced multiple power outages with no generators or inverters as backup  and in such distressing turn of events, the medical staff were forced to perform an emergency cesarean section under the makeshift lighting of mobile phones flashlights but the situation got worsened, the child was delivered but did not cry and was soon declared dead. Shahidun then transferred to Sion Hospital, where she was declared dead. 
Moved by the devastating loss of his wife, Khusruddin Ansari took stand for justice and filed a petition in the Bombay High Court seeking compensation and a comprehensive investigation of the whole incident. 

Bombay High Court Hearing 

A division bench on 14th August, comprising Justices Revati Mohite Dere and Prithviraj K Chavan has directed the National Medical Council (NMC) and Brihanmumbai Municipal Corporation (BMC) run hospital to respond to allegations of medical negligence and ethics violations. Meanwhile, a committee of doctors from the concerned hospital is conducting an inquiry into the incident and the court has requested a timeline for completion of the inquiry. 

The petitioner, Khusruddin Ansari further raised concerns about not receiving his wife’s medical records despite multiple requests. However according to medical ethics regulations, medical records must be provided within 72 hours of a request. The bench raised a query regarding the non-disclosure of medical records to the petitioner.
The petition underscores the need for accountability and reforms in the healthcare system to prevent such tragedies in future. The court’s response will be crucial in addressing the concerns raised by Ansari and ensuring that justice is served. The next hearing will take place on 28th August.

Medical Negligence is violation of Right to Life

The Right to Life enshrined in Article 21 of the Indian Constitution is a fundamental human right, intricately linked to the provision of quality medical care. However medical negligence like the incident took place at Sushma Swaraj Maternity home, where a pregnant woman and her child lost their lives due to substandard care, grossly violates this fundamental human right.
Medical negligence like errors in diagnosis, treatment, and aftercare can have devastating consequences leading to disability, permanent harm or even loss of life. Medical negligence not only erodes trust in the healthcare system but also undermines the very fabric of the Right to Life.

Potential medical emergency protocols 

  1. Regular testing and maintenance of backup systems shall take place.
  2. Clear and proper procedures for emergency repairs and replacements shall be taken care of.
  3. There must be an automatic transfer of power to backup generators or inverters.
  4. There must be rapid response teams to encounter any emergency.  
  5. Regular drills and training shall be given to the staff.

The Importance of  Awareness of Patient Rights and Encouraging Public Discourse on Healthcare Standards:

  1. By knowing the rights patients can make informed decisions, they can ask their queries to the fullest and can advocate for themselves.
  2. The aware Patient shall smoothly get access to health services without any discrimination.
  3. Awareness of patient rights and healthcare standards reduces the risk of errors and  adverse events.
  4. Patient-centered care driven by awareness of rights and standards leads to more effective treatment plans and improved health outcomes.
  5. Public discourse on Healthcare Standards promotes accountability eventually encouraging healthcare providers to meet high standards.
  6. Public discourse identifies the areas for improvement and healthcare system reforms.

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