Bombay HC Issues Notice to BMC Over Alleged Negligence at Bhandup Maternity Hospital Resulting in Mother and Newborn's Death

Bombay HC Issues Notice to BMC Over Alleged Negligence at Bhandup Maternity Hospital Resulting in Mother and Newborn's Death

On Wednesday, the Bombay High Court issued a notice to the Brihanmumbai Municipal Corporation (BMC) regarding a maternity hospital in suburban Bhandup, where a woman and her newborn died allegedly due to the hospital's negligence.

The division bench, comprising Justices Revati Mohite-Dere and Prithviraj Chavan, was informed by senior counsel Gayatri Singh about severe deficiencies at the Sushma Swaraj Maternity Hospital. Singh revealed that the delivery was performed using a mobile torch due to a power outage, and the hospital lacked a generator.

"What are the conditions in civic hospitals? We think the basic facilities need to be there in each hospital and the same are mandatory. We issue notice to the corporation," Justice Mohite-Dere observed.

Singh detailed that Shahidunnisa Shaikh, who was admitted to the hospital, was made to wait in the ward without a bed and that the delivery was conducted under inadequate lighting. Post-delivery, the child died, and Shaikh was transferred to the government-run Lokmanya Tilak Hospital (Sion) in an ambulance lacking basic facilities.

Despite her severe condition and bleeding, she was carried down stairs as the hospital lift was inoperable, and she was declared dead upon arrival at Sion Hospital.

Singh also highlighted that neither hospital provided the medical records of the deceased, prompting the family to approach the High Court. The judges observed that the Indian Medical Council (IMC) guidelines, which mandate hospitals to provide medical documents within 72 hours upon request, were not followed. The bench noted that failure to comply with these guidelines, as directed by the Supreme Court and Bombay High Court, could lead to disciplinary action.

In response, the bench directed the zonal Deputy Commissioner of Police (DCP) to oversee the Bhandup Police's investigation into the alleged medical negligence, addressing previous lapses in the police probe. Additionally, the court instructed the government-run JJ Hospital, which is conducting a separate inquiry, to submit its report. The case will be reviewed again in two weeks.

Senior Advocate Gayatri Singh, along with Advocates Vijay Hiremath and Swaraj Jadhav, represented the petitioner, while Additional Public Prosecutor Vitthal Konde-Deshmukh represented the state.

**Case Title:** Khusruddin Ansari vs. State of Maharashtra (WP(ST)/16488/2024)

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