Boy dies after being passed around in 4 hosps; WBCERC wrong to hold one hospital responsible, says HC

Kolkata: The Calcutta High Court on Wednesday observed that the West Bengal Clinical Establishment Regulatory Commission (WBCERC) was wrong to have entertained a complaint against one private hospital for the death of an 18-year-old boy who was passed around in four hospitals with three being government clinical establishments. Mother of the deceased refused to withdraw a criminal complaint against all the hospitals concerned.

In a heart wrenching event, the mother of the boy present in the court broke down in tears, demanding justice for her son’s death which she said cannot be reversed with just compensation. The Bench of Chief Justice (CJ) T S Sivagnanam and Justice Hiranmay Bhattacharyya was hearing an appeal where the Midland Nursing Home Pvt Ltd claimed that it was wrong of WBCERC to solely hold them responsible for the death and direct them to pay Rs 5 lakh to the family.

The counsel for the nursing home claimed the boy was brought to them during the Covid time after being referred by the ESI Hospital, Kamarhati. On receiving the patient, the nursing home found him Covid positive and hence could not have admitted him since as per the state government regulations operating then, it was not a designated covid hospital and its beds were full, it was submitted. The boy was taken back to ESI which again referred him to Sagar Dutta Hospital which allegedly refused admission. Finally, he was admitted to Calcutta Medical College & Hospital where he eventually died.

The counsel representing the mother submitted that the nursing home did not conduct a proper test and gave a faulty Covid positive report which led to other hospitals refusing to admit the boy. Further, RT PCR test at CMCH revealed that he was not Covid positive. However, the court pointed out that an affidavit by CMCH showed death was due to covid.

CJ Sivagnanam observed that ESI in the first place should not have referred the boy to a private hospital and that WBCERC was wrong to have entertained the complaint against just the nursing home when three other government hospitals were equally responsible for the unfortunate demise of the boy. Request was made to lower the compensation amount but the parent’s counsel said she will not withdraw the criminal complaint against all the hospitals, the proceedings of which are afoot at Barrackpore court and police submitted a final report. Further, a single bench earlier had found all the hospitals responsible for the death, it was submitted. The matter is listed for hearing on another day.