Magistrate takes cognizance against Ruby Hall Clinic and its doctors

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PUNE – Hon’ble JMFC, Cantonment Court while taking cognizance passed an order on 1 st August, 2018 issuing process into the alleged crime committed by Ruby Hall Clinic Hospital, its Chairman, its doctors and other accused on the complaint filed by Mr. Juzar Kothawala through city based Supreme Court & High Courts Advocate Aashutosh Srivastava.

The complainant i.e. Juzar Kothawala had admitted his wife Preetam in Ruby Hall Clinic on 19.07.2017 because she had to undergo cesarean delivery. Mrs. Preetam Kothawala gave birth to a baby girl on the very same day at around 8.00 p.m. The baby was perfectly fit and healthy for almost 3 days but suddenly on the day of discharge i.e. on 22.07.2017, at around 7.30 AM, a nurse of the said hospital came to the complainant’s wife’s room where she was admitted and took the complainant’s baby for first vaccination of BCG & HEPATITIS B whereas the complainant’s wife asked the said nurse that whether she could accompany them for vaccination to which the nurse replied that it’s not required and told the complainant’s wife that she would be back within 5 minutes and left the complainant’s wife room and came back within some time and handover the baby.

Again at 9 am, the same nurse came to the complainant’s wife room and told that she again wants to take the baby for Polio vaccination; once again the complainant’s wife asked whether she could accompany her but the nurse again refused stating that it would take only 5 minutes that she
would return back with the baby and again took away the baby for polio vaccination. But this time even after 10 to 15 minutes were passed, the said nurse didn’t return back with the baby and both the complainant and his wife got worried; suddenly after passing of 15 minutes, another nurse
of the said hospital came to the complainant’s room and told them that they have been called on the 8 th Floor of the said hospital. When the complainant and his wife reached the 8 th floor, they found that their baby had been admitted to NICU (Neonatal Intensive Care Unit), the complainant and his wife were shocked and distressed as the baby was fit and healthy and what had happened in just 15 minutes that the baby became such sick that the baby was admitted to NICU (Neonatal Intensive Care Unit). The complainant and his wife were desperate for answers but the hospital staff told them to stay out and let the doctors work while keeping them in dark.

That after waiting for 15 minutes, Dr. Janitha J. Gilberth along-with Dr. Vaibav Meshram and of the said Hospital came out of NICU and told the complainant that Dr. Janitha before signing the discharge paper, observed that the baby had suffered a convulsion which is a kind of seizure and it has been a life threatening event, and hence they have admitted complainant’s baby for further treatment and the baby will be kept in NICU for 24 Hrs and after that they will move the baby to the complainant’s wife room for further monitoring. The complainant got furious and asked the doctors that how they could admit their child without their consent towards which the said Doctor started giving unethical and unprofessional answers.

This act of the said hospital staff i.e. doctor and nurses towards the baby was totally unprofessional and an act of gross negligence.

Further, even after being told that the baby would be discharged in next 24 hours, the complainant’s daughter was kept in the NICU for the next Five Days and every day, the doctors asked for some new tests to be done and towards which the complainant was constrained to pay separately; even when the screening test results were normal, the doctors of the said hospital suggested to do MRI test on complainant’s new born baby, for which the complainant refused to do so as a MRI test will mean exposure of the baby to radiation which could have lots of adverse consequences.

Finally on 27 th July 2017, the baby was discharged from the hospital and after getting discharged from the Hospital, the complainant had taken his baby to other pediatricians in the city, all of whom signed off on her health and asserted that the tests that had been done were not necessary. Also on 3 rd August 2017 the complainant took an appointment from one of the renowned pediatricians, the said doctor advised the complainant to throw away all medicines prescribed by the by doctors from Ruby Hall and he even said that convulsion is not life threatening and further told complainant that his baby is completely healthy.

Even after writing applications/complaints to Pune Police on various occasions, when no action was taken, the complainant decided to knock the doors of the court through Pune based Supreme Court and High Courts Lawyer Aashutosh Srivastava to get the justice against the wrongful treatment given by Ruby Hall Clinic Hospital, and for their negligent approach.

Pune based Supreme Court lawyer Aashutosh Srivastava, who is pursuing the case for the Kothawala’s, said, “After verifying the complainant’s complaint, evidences on record and the arguments before the Court at length, the Hon’ble JMFC Pune while taking cognizance on the complaint filed by the complainant on 1 st August, 2018, passed an order directing the concerned police authorities to probe into the alleged crime being serious nature’.

Ruby Hall Clinic version on the issue

In a statement, Ruby Hall Clinic CEO Bomi Bhote stated, “Baby was born on 19.07.2017 and was admitted in NICU on 22.07.2017 due to some abnormal movement of the left upper and lower limbs which lasted for 30 seconds. In view of these convulsions baby was shifted to NICU. Mr Juzar Kothawala, father of new born, brought a mob of 15 to 20 violent members on 22.07.2017, and they abused the management and doctors causing unrest. Situation continued till midnight until police intervened. Parents wanted to get a second opinion from a pediatrician of their own choice (Dr. Ramji Giri) — and were allowed. Dr Giri confirmed that clinical management was correct and so the parents consented to continue further treatment at our hospital and were happy with the medical assistance offered to the child. The parents were also given an option to transfer new born patient to another facility which they refused. The parents gave their consent to continue treatment at Ruby Hall Clinic — Wanowarie, Record stating that they are happy with the treatment attached. Clinically, the baby was managed well and then discharged on 27 July 2017. Also Rs 50,000 discount was given at parents’ request. Juzar Kothawala had insisted on terminating the services of Dr.Vaibhav Meshram, the NICU in-charge and Dr Janitha Glbert, the Paediatrician, both of whom are not working with Ruby Hall Clinic anymore and have left for other opportunities. Mr Juzar Kothawala has filed a complaint in Cantonment Court against management of Ruby Hall Clinic which is in its preliminary stage. Matter is thus sub-judice.”