Max hospital moves govt authority on licence cancellation

Delhi Nursing Homes Registeration Act,1953, states, L-G office has the authority to decide for cancelling licenses, says Adv Ashok Agarwal.

Update: 2017-12-14 04:07 GMT
'Following the due process of law, we have filed an appeal with the appropriate authority against the cancellation of registration of Max Hospital, Shalimar Bagh,' says MAx group in a statement. (Photo: File)

New Delhi:  Max Healthcare on Wednesday moved a "government authority" against the cancellation of licence of its hospital in Shalimar Bagh in north-west Delhi, even as it appealed to the DGHS to "reconsider" its decision.

The development comes four days after the Directorate General of Health Services (DGHS) of the Delhi government's heath department had cancelled licence of the hospital for alleged medical negligence in multiple instances, including a case in which one of the twins was found alive after being declared dead by doctors.

"Following the due process of law, we have filed an appeal with the appropriate authority against the cancellation of registration of Max Hospital, Shalimar Bagh," the Max group said in a statement on Wednesday night.

A spokesperson of the Max Healthcare, when asked to elaborate about the appropriate authority approached, only said, "It is not a court authority but a government authority. And, the appeal was filed today."

The hospital group also appealed to the government to "reconsider their decision of cancelling the hospital's registration".

"Earlier, we had also requested the Delhi government to review their decision and restore the registration," the statement said, while claiming that the "decision has caused significant inconvenience to thousands of patients and local residents and this is further compounded by unavailability of suitable alternatives for their medical needs in the vicinity".

Max Healthcare authorities declined to share details on the appropriate government authority approached by them.

However, Delhi High Court Advocate Ashok Agarwal, claimed, in such cases, "The appellate authority is the Lt Governor's office".

"" data-width="1">Full View"As per the Delhi Nursing Homes Registration Act, 1953, in cases related to cancellation of licence, the appellate authority is the L-G office," Mr Agarwal, also a member of the Delhi High Court-appointed EWS Monitoring Committee for hospitals, said.

Max Hospital, Shalimar Bagh on a monthly basis treats around 14,000 patients in the OPD, attends to over 1,600 emergency patients and additional 3,000 are treated in inpatient wards, the hospital group said.

"In compliance with the cancellation order, not only did we have to turn down the OPD and new IPD, but, planned procedures such as 171 chemotherapies, 63 surgeries and 241 dialysis sessions had to be cancelled, rescheduled or transferred," the hospital group claimed in the statement.

"In the interest of public welfare, we urge the government to reconsider their decision of cancelling the hospital's registration," it said.

The Max Hospital case pertains to one of the premature twins, wrongly declared dead on November 30 at the hospital where he was born, and who died during treatment at a nursing home in Pitampura a week later.

Both the babies were declared stillborn by the hospital and handed over to the family allegedly in a plastic bag.

But to their utter horror, they found that the boy was still alive, while they were on way to do their final rites.

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