The Punjab and Haryana High Court declines to quash summons against Max Hospital for allegedly installing cheap pacemaker resulting in patient’s death.

The Punjab and Haryana High Court has declined to quash a summoning order passed by the Court of the Ld. Chief Judicial Magistrate, Mohali, Punjab for offences under sections 304A, 420, 120B of the IPC. A Criminal Complaint had been filed by one Mrs. Pooja Gupta, wife of the deceased Mr. Rishi Gupta arraigning Max Super Speciality Hospital, Mohali, through its Chairman, as accused no. 1, Dr. Sudheer Saxena, Principal Consultant, Interventional Cardiology, working with Max Hospital as accused no. 2 and one Dr, Pawan Kansal as accused no. 3 seeking their prosecution for committing offences under Section 304A, 420 & 120B IPC.
 
It was the case of the complainant that her husband had complained of chest pain and was taken to Dr. Pawan Kansal, who on diagnosis advised the deceased to opt for a pacemaker surgery and recommended him to accused no. 2 Dr. Sudheer Saxena at Max Super Speciality Hospital, Mohali. On an examination by the accused no. 2, Dr. Sudheer Saxena it was agreed by the family members of the deceased that they would opt for a bivent pacemaker manufactured by St. Jude Medical India Pvt. Ltd. The cost of which was around Rs.4,50,000/-. However on the day of the surgery the accused no. 2 implanted a cheap double chamber pacemaker costing around Rs.45,000/- even though the patient’s family had already paid for a superior pacemaker.
 
According to the complainant the accused no. 2 made an excuse to the relatives of the deceased that he did not have the 3rd wire to complete the surgery and that he would have completed the surgery on the next day. However the deceased could not cope with the cheap pacemaker and that the accused no. 2 was left with no other choice but to arrange an actual pacemaker because after the wrong and cheap pacemaker the condition of the deceased deteriorated.
 
It is the case of the complainant that the accused no. 2 in connivance with the hospital staff and senior management had conspired to implant a cheap pacemaker and had cheated the family members of the deceased and that because the patient had to undergo two surgeries for implanting the pacemaker he eventually could not bear the pain and eventually passed away. 
 
The High Court held thus:
 
In view of all the aforesaid facts and circumstances, this Court finds that apart from the case of gross medical negligence, it is more a case of cheating having been committed under a conspiracy by the petitioners. Petitioner No.2 Dr. Sudheer Saxena prima facie, despite planning to install as biventricular triple chamber pacemaker as per the consent given by the relatives of the patient, which costed roughly `4.5 lakh, instead planted a cheap double chamber pacemaker on 20.09.2013 costing only 45,000/- and when the patient developed problems or as the said pacemaker was not fitted properly, then implanted the triple chamber pacemaker on 22.09.2013. In order to conceal the said mischief, a stand is taken that only triple chamber pacemaker was implanted, but in two stages and that in the first stage, only two leads were engrafted and in the second stage, third lead and pacemaker were implanted. The said stand is prima facie found to be incorrect in view of the various documents of the hospital itself.

Having noticed the legal and factual position as above, this Court finds that there is sufficient material to hold that the petitioner should face the prosecution. No fault can be found with the impugned summoning order. The hospital record, as placed on record by the respondent complainant prima facie demonstrate the sufficient material to proceed with the complaint against the petitioners, even in the absence of any opinion of the medical expert, as it has already been observed by this Court that more than a case of gross medical negligence, it is a case of cheating having been committed by the petitioners in conspiracy with each other

Max Super Speciality Hospital and Another Vs State of Punjab and Another.