THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO TAKEN UP WRIT PETITION No.25480 of 2009 Date: 02.02.2010 Between : Taken up WP on the paper clipping shown in “Sakshi” and “Indian Express” News Papers dated 16.11.2009. … Petitioner and The principal Secretary to Government, Medical and Health Department, Secretariat, Hyderabad and others. … Respondents THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO TAKEN UP WRIT PETITION No.25480 of 2009 ORAL ORDER : (per Hon’ble Sri Justice Nooty Ramamohana Rao) This is a taken up writ petition, pursuant to the adverse news item published in a local vernacular Telugu Newspaper and also a news item telecast in a local Telugu Channel, apart from a leading English Newspaper publishing similar news item in its Newspaper, reporting the unprecedented deaths of six infants at the Government General Hospital, Vijayawada, on a single day. 2. It was alleged that infrastructural and institutional support was lacking, apart from making allegations of professional negligence on the part of the hospital staff that resulted in the death of these six infants in the hospital on a single day. Since maintenance and standards of treatment in a Government General Hospital has come for adverse criticism, the news item was treated as public interest litigation. 3. Pursuant to our directions, the incharge Superintendent of the hospital has filed a detailed counter affidavit narrating as to how the State Government’s administration has also reacted to the unprecedented deaths of infants on a single day in the hospital by conducting a detailed enquiry into the matter. A senior Professor of Pediatrics was appointed to look into the causative factors that led to the death of these six patients and the learned Professor has endorsed the treatment meted out to these six patients as an approved treatment for such diseases and these infants have not died due to negligence of the doctors or nursing staff. 4. It was rather unfortunate that six patients have died on a single day in the General Hospital. But, however, when we have perused the case sheets, copies of which have been enclosed to the counter affidavit, we realized that these infants have all been admitted with critical respiratory distresses and related diseases. Lot of care and attention has been paid towards them. Each patient has presented different sets of complications connected with the respiratory distresses. Some of the patients were diagnosed to be suffering from Hypoxic Ischemic Encephalopathy and some other patients from Bradycardia. Some of the patients have been aspirated and fluids have been removed from their intestines as well as from their lungs. We have also perused the treatment, which has been accorded to all these patients. Appropriate Antibiotics and other medication have been administered to these patients by the doctors. The nursing staff have also maintained a careful vigil as could be seen from the periodical notings of the progress of each patient. 5. We are satisfied that the patients have not died due to negligence or inappropriate attention being paid by either the doctors or nursing staff of the General Hospital. These patients have died not because of failure of the support systems/machinery available in the form of oxygen suppliers, nebolizers and heat transfer equipments etc. The patients have died only because of complications presented by the deceased and the poor response, which they made to the treatment. We are of the further view that the doctors, who had treated the children, have accorded treatment as is expected of any ordinary prudent doctor to the reasonable extent of the medical science. 6. We are, therefore, satisfied that the writ petition does not require any further directions to be issued and accordingly the same is disposed of, at the stage of admission. No order as to costs. ________________________ JUSTICE D.S.R.VARMA _______________________________________ JUSTICE NOOTY RAMAMOHANA RAO 02.02.2010 Msr THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO TAKEN UP WRIT PETITION No.25480 of 2009 02.02.2010 (Msr)