Supreme Court warns hospitals, doctor for refusing treatment to sexually assaulted child
The Supreme Court on Friday issued a stern warning to two private hospitals and a doctor in Ghaziabad, stating that if they do not voluntarily compensate the parents of a grievously injured sexually assaulted girl who died due to refusal of treatment, the court will impose costs that will have a serious impact.
When a doctor, accused of refusing admission to the child taken to a private hospital in the National Capital Region city, pleaded that he was only a BAMS (Bachelor of Ayurvedic Medicine and Surgery) doctor and lacked the ability to treat such a patient, a bench of Chief Justice Surya Kant, Justices Joymalya Bagchi and V Mohana remarked that no competent doctor would refuse treatment to a minor seriously injured due to brutal sexual assault.
“What kind of doctor are you? If you cannot give medical assistance to a grievously injured child, do not prefix ‘Dr’ before your name. If you had any sensitivity, you would have facilitated her father,” the bench said.
The bench further observed: “Though the recommendation of the Special Investigation Team (SIT) is to impose a penalty on the hospitals, we had asked you to donate. If we impose a penalty, it will have a chilling effect.”
On June 16, the Supreme Court had asked Khajan Singh Manvi Health Care and St Joseph Hospital whether they would voluntarily compensate the parents or await the court’s determination of the compensation amount. The SIT, constituted by the Supreme Court, had found credence in the father’s charge that the private hospitals had refused to provide immediate treatment.
The Supreme Court bench said: “The petition highlights the alleged approach of two private hospitals and the officers of the local police station (Nandgram), which is completely indifferent, inhuman, and insensitive.”
The case underscores the legal obligation of medical facilities to provide emergency care, especially to minors in critical condition. The court’s remarks serve as a reminder of the ethical and legal duties of doctors and hospitals in such situations.
