Observing that the medical profession has been increasingly influenced by “greed and rivalry,” the High Court of Jammu Kashmir and Ladakh has directed that a plea regarding alleged medical negligence be treated as Public Interest Litigation (PIL) to monitor healthcare facilities across Jammu Kashmir and Ladakh.
Justice Mohammad Yousuf Wani, while hearing a petition filed by a man from Arihal Pulwama whose daughter died following surgery at a private nursing home in south Kashmir, remarked, “The profession is presently being practiced as a commercial job. The doctors ought to keep in mind that they are entrusted with the most valuable and precious belonging i.e. the life itself.”
The court noted that the woman, an M.Sc. Biochemistry graduate set to pursue a Ph.D., developed severe complications post-surgery and died after being shifted to SMHS Hospital, Srinagar. Her transfer, the court observed, was delayed due to the unavailability of a critical care ambulance.
Following Justice Wani’s observations, the Chief Justice ordered the plea to be registered as a PIL.
The matter is likely to come up before a Division Bench on March 3.
“The doctors who are the ambassadors of the God on the earth discharging divine function have been influenced by the elements of greed and rivalry,” the court noted.
The petitioner has sought a government audit of private hospitals under the Jammu Kashmir Clinical Establishments (Registration and Regulations Act), 2010, and demanded verification of hospital registrations, infrastructure, and the credentials of practicing doctors.
Compensation for alleged medical negligence has also been sought from the private hospital involved.
Notably, the court was informed that the hospital where the surgery took place was not registered at the time, though the owner had applied for registration.
“The critical care ambulances are not still available in most of the private hospitals and nursing homes,” the court observed, adding that doctors receiving allowances in lieu of a ban on private practice continue to operate privately, further raising concerns over patient safety.
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