Pune Court issues summons to Ruby Hall Clinic CEO, doctors in extortion case

Last updated Aug 9, 2018

NP NEWS NETWORK

Pune

A judicial magistrate court has issued process (summon) to 10 doctors, CEO and chairman of Ruby Hall Clinic, after IT professional Juzar Kothawala filed a complaint alleging negligence with his newborn baby and indulging in corrupt practices and extorting money. The hospital charged Rs 1.8 lakhs for various tests, which were unnecessary, Kothawala said after getting his baby checked by other senior pediatricians.

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He had admitted his wife Preetam in Ruby Hall Clinic, Wanowrie, July 19,2017, where delivered baby girl through cesarean surgery. “The baby was perfectly fit and healthy for almost three days but suddenly on the day of discharge i.e. on July 22, 2017, at around 7.30 am, a nurse of the hospital came to my wife’s room where she was admitted and took the baby for first vaccination of BCG & HEPATITIS B. When my wife asked the said nurse that whether she could accompany them for vaccination to which the nurse replied that it’s not required and told the my wife that she would be back within 5 minutes and left the room and came back within some time and handover the baby”, Kothawala said, while addressing a press conference on Tuesday at Patrakar Bhavan.

He added, “Again at 9 am, the same nurse came toold that she again wants to take the baby for Polio vaccination; once again my wife asked whether she could accompany her but the nurse again refused stating that it would take only 5 minutes that she would return back with the baby and again took away the baby for polio vaccination. But this time even after 10 to 15 minutes were passed, the nurse didn’t return back with the baby which worried me and my wife. Suddenly after passing of 15 minutes, another nurse came and told us that they have been called on the 8th floor of the hospital. When we reached there we found that our baby had been admitted to NICU (Neonatal Intensive Care Unit). We were shocked and distressed as the baby was fit and healthy and what had happened in just 15 minutes that the baby became such sick that she was admitted to NICU (Neonatal Intensive Care Unit). We were desperate for answers but the hospital staff told us to stay out and let the doctors work while keeping us in dark.”

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His wife Preetam recalled, “That after waiting for 15 minutes, Dr. Janitha J. Gilberth along-with Dr. Vaibav Meshram came out of NICU and told Juzar that Dr. Janitha before signing the discharge paper, observed that the baby had suffered a convulsion which is a kind of seizure and it has been a life threatening event, and hence they have admitted the baby for further treatment and the baby will be kept in NICU for 24 hours and after that they will move the baby to my room for further monitoring. We got furious and asked the doctors that how they could admit their child without their consent towards which the said Doctor started giving unethical and unprofessional answers. This act of the said hospital staff i.e. doctor and nurses towards the baby was totally unprofessional and an act of gross negligence.”

The couple said that even after being told that the baby would be discharged in next 24 hours, the complainant’s daughter was kept in the NICU for the next Five Days and every day, the doctors asked for some new tests to be done and towards which the complainant was constrained to pay separately; even when the screening test results were normal, the doctors of the hospital suggested to do MRI test on complainant’s new born baby, for which the complainant refused to do so as a MRI test will mean exposure of the baby to radiation which could have lots of adverse consequences.

Finally on 27th July 2017, the baby was discharged from the hospital and after getting discharged from the Hospital, Juzar had taken his baby to other pediatricians in the city, all of whom signed off on her health and asserted that the tests that had been done were not necessary.

“Also on 3rd August 2017, I took an appointment from one of the renowned pediatricians, the said doctor advised the complainant to throw away all medicines prescribed by the by doctors from Ruby Hall and he even said that convulsion is not life threatening and further told me that his baby is completely healthy and required only breastfeeding”, Kothawala informed.

He further said that Rs 1.8 lakhs bill of the hospital was paid by his insurance cover. “I don’t want other parents to suffer same trauma and harassment which me and my wife had to undergo. Hence, I decided to fight against the corrupt practices of the hospital”, he added.

Even after writing applications/complaints to Pune Police on various occasions, when no action was taken, he decided to knock the doors of the court through Pune based lawyer Aashutosh Srivastava to get the justice against the wrongful treatment given by Ruby Hall Clinic Hospital, and for their negligent approach.

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Adv Srivastava said, “After verifying the complaint, evidences on record and the arguments before the Court at length, the Hon’ble JMFC Pune Cantonment court, on 1 st August, 2018, issued process (summons) against all the 10 accused persons. The court also ordered registration of regular criminal case.”

Those named in the complaint are chairman, Ruby Hall Clinic management, CEO Bhomi Bhote, Dr Farah Rais (assistant director medical services), Amruta Vaidya, Dr Janitha Gilbert, Dr Vaibhav Meshram, Dr Aditi Gujarathi, Dr Arvinder Raina Gandhi, Astad Bhote and Sunita Fernandes (assistant director nursing).

The court has prima facie found them accused of offences under sections 323 (punishment for voluntarily causing hurt), 384 (extortion), 337 (causing hurt by act endangering life or personal safety of others), 338 (causing grievous hurt by act endangering life or personal safety of others), 406 (criminal breach of trust), 418 (cheating with knowledge that wrongful loss may ensue to person whose interest offender is bound to protect), 420 (cheating), 465 (forgery), 120B (criminal conspiracy), 34 (common intention) of the Indian Penal Code (IPC).

In the meantime, When contactedRuby hall clinic Bomi Bhote Chief Executive Officer issued press release claiming, “The baby was born on July 19 and was admitted in NOCU on July 22 due to some abnormal movement of the left upper and lower limbs which lasted for 30 seconds. In view of the convulsions baby was shifted to NISU. Kothawale, father of new born brought a mob of 15 to 20 violent members on July 22, 2017 and they abuse the management and doctors causing unrest. Situation continued till midnight until police intervened. Parents wanted to get a second opinion from a paediatrician of their own choice Dr Ramji Girl and were allowed. Dr Giri confirmed that clinical management was correct and so the parents consented to continue further treatment at our hospital and were happy with the medical assistance offered to the child. The parents were also given an option to transfer new born patient to another facility which they refused.”

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“the parents gave their consent to continue treatment at Ruby Hall Clinic- Wanowarie record stating that they are happy with the treatment. Clinically, the baby was managed well and then discharge on July 27, 2018. Rs 50,000 discount was given at parents’ request. Kothawala had insisted on terminating the services of Dr Vaibhav Meshram, the NICU in-charge and Dr Janitha Gilbert, the Paediatrician, both of whom are not working with Ruby Hall Clinic anymore and have left for other opportunities. Kothawala has filed a complaint in Cantonment court against management of Ruby Hall clini which is in its preliminary stage. Matter is sub-judice.”