In a significant development, a court in Kerala has commenced criminal proceedings against VPS Lakeshore Hospital in Kochi and eight doctors involved in the unauthorized removal of organs from an accident victim. The Judicial First Class Magistrate court in Ernakulam has determined that there is sufficient evidence and a prima facie case to proceed against all the accused under the Transplantation of Human Organs Act, 1994.
The case traces back to 2009 when a tragic road accident claimed the life of 19-year-old VJ Abin on March 29. Following the accident, Abin was initially admitted to Mar Baselious Hospital in Kothamangalam but was later transferred to Lakeshore Hospital in Kochi.
On December 1 of that year, Abin’s mother, Omana, was informed that her son had suffered brain death and was encouraged to consider organ donation. In a noble gesture, she consented to the donation of her son’s organs. However, doubts regarding the treatment provided to Abin and the process of declaring him brain dead began to arise.
It later came to light that Abin’s liver had been harvested and transplanted to a foreign national without following the proper procedure. The irregularities surrounding the case prompted Dr. S Ganapathy, a doctor based in Kollam, to investigate further. Dr. Ganapathy discovered several discrepancies in Abin’s medical records, leading him to believe that something was amiss.
“When one of the doctors who had signed the report claimed she never attended the meeting and her signature was forged, I knew something was wrong, and I started to hunt for the medical records of the case,” Dr. Ganapathy revealed.
Subsequently, Dr. Ganapathy approached the court, seeking a thorough investigation into the matter. The court sought the opinion of two medical experts, who concluded that the hospital had failed to adhere to proper protocols.
Based on the findings, the court highlighted various irregularities. It observed that no effort was made to drain the victim’s blood, despite being examined by neurosurgeons at both hospitals where he received treatment. The court further noted that HIV tests were conducted at Lakeshore Hospital before planning any neurosurgery or blood evacuation.
The court’s scrutiny also revealed discrepancies in the death certificate, with some doctors signing it without the necessary authorization under relevant laws. Additionally, it was discovered that the Apnoea test, a crucial examination for determining brain death, was not conducted.
The liver transplant performed on the foreign national lacked the required sanction from the internal authorization committee. Curiously, the Malaysian Embassy certificate listed the recipient’s wife as the donor.
In response to the allegations, VPS Lakeshore Hospital released a statement denying any wrongdoing. The hospital asserted that all investigations were conducted in the presence of two witnesses, and written consent for organ retrieval was obtained from the patient’s mother.
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