Initiate inquiry for Hospital refusal to provide emergency medical attention
Date : August 10 2020

To,
The Registrar
Manipur Medical Council Imphal

Subject: Request to initiate urgent inquiry as per the Section 13 (f) of Manipur Medical Council Act, 2009 for the Refusal by the Hospital Authorities to provide emergency medical attention which led to death.

Dear Sir,

Youth’s Forum for Protection of Human Rights (YFPHR) is writing with deep concern to draw the kind attention to the Manipur Medical Council to initiate inquiry under the Section 13 (f) of the Manipur Medical Council, Act 2009 for the misconduct and negligence by the medical practitioner in various instances by taking the advantage of the crisis of Covid-19 in the state of Manipur.

Following are the facts of gross misconduct and negligence by the practitioner along with the hospital authority.

Details of the Victims
1. Mrs. Kanpatliu Kamei (20 years), a resident of Puichi Village, Manipur
2. Md. Himmat (3 years), s/o Md. Helaluddin, a resident of Santhel Mamang Leikai
3. Md. Iqbal Haque, a resident of Lilong
4. Mrs. Longjam Basanti (34 years), w/o, Kunjo, a resident Thiyam Leishangkhong
5. 5 Days Old Infant Boy S/o. Mr. Lamlompiyak and Ms. Ngainunphel of New Lamka Dorkas Veng, Churachandpur District

Details of the Perpetrators
1. Unidentified Doctors and Nurses of JN Institute of Medical Sciences (JNIMS).
2. Unidentified Doctors and Nurses of Regional Institute of Medical Sciences (RIMS).
3. Unidentified Doctors and Nurses of District Hospital, Senapati.
4. Unidentified Doctors and Nurses of Primary Health Centre, Mayang Imphal.
5. Unidentified Doctors and Nurses of Community Health Centre, Wangoi
6. Unidentified Doctors and Nurses of District Hospital, Churachandpur

Brief Fact of the Cases

Case 1: Mrs. Kanpatliu Kamei (20 years), a resident of Puichi (Makuilongdi) village is a pregnant woman who died along with her unborn baby on the morning of 6th August 2020 at the entrance of Shija Hospitals Casualty. She had been denied of medical treatment by various hospital including JNIMS and RIMS.

On the afternoon of 5th August 2020, Kanpatliu’s family took her at Senapati District Hospital as she was expecting to deliver a child. At about 10.30 PM, without giving any valid reason, the doctors on duty at Senapati District Hospital told her family that she should better be taken to Imphal. Consequently, her family rented a private vehicle and reached JNIMS at around 12.30 A.M.

However, she was refused to admit at JNIMS despite having a Covid-19 Negative Test Result issued by Medical Officer In-charge, Noney District. Her family had no other option except to find other hospital and therefore, Kanpatliu was taken to RIMS. RIMS also refused to treat her despite knowing her serious medical condition.

In route to Shija Hospital, her family tried to seek medical assistance from couple of hospital, in a same manner, she was refused to admit there. On reaching Sija Hospital, Kanpatliu died along with her child.

Case 2: On 31st July 2020, a 3 (three) years boy namely, Md. Himmat, s/o Md. Helaluddin, a resident of Santhel Mamang Leikai was evacuated to Mayang Imphal Primary Health Centre (PHC) after he was drowning. However, a lady doctor who was stationed at the health centre refused to provide any medical attention and treatment.

On refusal to treat him at the PHC, the boy was taken to Mother's Care Children Hospital at Sagolband Moirang Leirak, Imphal. The doctors and staff at the hospital tried their best but couldn't save him. Md. Himmat was declared dead at around 11.45 am on the same day.

Case 3: Md. Iqbal Haque is a resident of Lilong. On 24.07.2020, he had a complaint of abdomen pain. He was immediately taken to JNIMS Hospital Porompat to seek emergency medical attention. Thereafter, he was admitted there. The doctors concerned were expected to ready to conduct surgery after necessary testing including Covid-19 test.

In an utter surprise, the patient party was asked to treat him at Lamjingba Hospital, Imphal which is private hospital. As told by doctors concerned, Md. Iqbal Haque was taken to the said private hospital. But the said hospital refused to treat him. Thereafter, he was taken to RIMS Hospital. RIMS also refused to treat him. Having no other alternative, he was brought back to JNIMS again. But on reaching the hospital gate, he had his last breath.

Case 4: On 10 June 2020, Mrs. Longjam Basanti, a resident Thiyam Leishangkhong was taken to Community Health Centre, Wangoi as she was to give birth. She used to consult one doctor Tampha who is a Medical Officer posted at the said CHC. On reaching there, the CHC administration refused to admit her on the pretext that the said CHC had been converted into Covid-19 isolation centre.

As a result, the family of Basanti was compelled to admit her nearby hospital. The family tried to admit at Ragini Memorial Charitable Clinic, but no doctor was available there. Thereafter, Basanti was immediately taken to JNIMS which JNIMS authority declared her brought death.

Case 5: On the 6th of August, 2020, 5 days old infant boy died due to negligence and refusal for treatment by the authority of the District Hospital, Churachandpur District. At evening the infant child was brought to the District Hospital and sought for the diagnosis to the Medical Officer on duty, however, they were neglected by the doctor on duty by not attending the infant child.

Later after sometime, the nurse on duty checked the temperature of the boy and the doctor on duty randomly prescribed some medicines while inquiring about their travel history. On seeing the negligence the family members were compelled to return home, which later the infant child succumbed to his illness at around 8:30pm.

Prayer before the Registrar, MMC.

As the facts and the circumstances has been highlighted it is observed that the RIMS, JNIMS, District Hospitals, PHCs and CHCs have violated fundamental rights of the patients guaranteed under Article 21 the Constitution of India. Article 21 of the Constitution guarantees protection of life and personal liberty to every citizen.

The Hon’ble Supreme Court of India has held that the right to health is an integral part of Article 21 of the Constitution. Therefore, failure on the part of a government hospitals and practitioners in charge of the Hospitals and Health Canters to provide timely medical treatment to a person in need of such treatment results in violation of right to life guaranteed under Article 21 of the Constitution.

YFPHR, therefore, would like lay down few area of urgent attention and perusal at the earliest:-

1. Initiate an inquiry under Section 13 (f) of the MMC, Act 2009 for the gross misconduct or negligence committed by the medical practitioners in charge of the RIMS, JNIMS, PHCs, CHCs and others for utter denial to attend critical case as cited above.

2. Direct the Director, JNIMS, RIMS, CMOs of PHCs, MOs of CHCs etc of the aforementioned Health Centres to furnish and submit a detailed report in a week time from the date of receipt of this complaint,

3. After due process of inquiry, we urge the Manipur Medical Council to award a fair compensation for the damage caused to patient family members and the amount for the said damage shall be recovered from concern administrations of health care centres as cited above.

Your kind concern and cooperation will be highly appreciated.

(Kh. Phajaton)
Youth’s Forum For Protection Of Human Rights
Palace Compound West,
Imphal East – 795001