DMC rules out negligence by Max Hospital in baby death case

NEW DELHI: The Delhi Medical Council has ruled out any medical negligence on part of doctors of Max Super Speciality hospital in declaring a premature baby dead, but accepted it as procedural lapse. In its report to the Delhi Police's Crime Branch, which is probing the matter, the DMC said: "The hospital did not issue a death certificate for the boy who had some heart beat for about four-five hours", as the family had signed the 'Do Not Resuscitate (DNR)' document, even after being counselled by doctors about resuscitation. JCP (Crime) Alok Kumar confirmed that the police had received the report from the DMC.

The DMC recorded the statements of the boy's family members and the hospital's doctors and staff, and concluded that there "have been procedural lapses and inadequate documentation, which is probably due to the absence of standard operating guidelines when managing such cases". "No medical negligence can be attributed on the part of doctors of Max Super Specialty hospital in the treatment administered to the complainant's new-born baby," as per the medical council's report.

The report further said that twins were delivered at 23 weeks of pregnancy and “as per international medical literature, foetus less than 24 weeks, if born, is an abortus and is not considered viable and is not likely to survive". Meanwhile, the Delhi Registration of Birth and Death Rules, 1999, also prescribes that 28 weeks is the period of gestation for it to be viable, it said.

However, the hospital staff in their statement said: "The twins with no sign of life were handed over to the parents and the patient was covered in clean white sheets." The patient's family on its own for the ease of carrying requested for and put the babies in the non-chlorinated yellow bag kept in the labour room, which was neither permitted nor sealed or packed by the doctors or staff of the hospital, the hospital staffer said in their statement.