In a significant development, a Kerala court has taken a decisive step by initiating criminal proceedings against Lakeshore Hospital, a prominent private hospital, and eight doctors. The charges stem from a case dating back to 2009, involving the unauthorized removal of organs from an accident victim. Judicial First Class Magistrate Eldos Mathew issued the decision based on a complaint filed by a doctor, who alleged that the hospital and medical professionals involved failed to provide proper treatment to the accident victim, declared him brain dead without following the necessary procedures, and subsequently transplanted his organs into a foreign national, all in violation of the law regulating organ transplantation.
The court’s order, issued on May 29, affirmed that there is a prima facie case and sufficient grounds to proceed with charges under the Transplantation of Human Organs Act, 1994, against all the accused. The order further stated that the complainant had fulfilled all the requirements of the Act, thereby paving the way for the case to move forward. The court directed the issuance of summons to all the accused, including the private hospital, the neurosurgeons involved in the victim’s treatment, and the doctors comprising the transplantation team.
Upon examining various court rulings, relevant statutes, and the evidence presented, the magistrate observed that the victim’s life could potentially have been saved if blood had been drained from his cranial cavity following the accident. However, the court noted that no efforts were made to perform this crucial procedure, despite the victim being examined by neurosurgeons at both hospitals where he received treatment.
The court also highlighted several other irregularities in the case. It noted that HIV tests were conducted by Lakeshore Hospital even before any plans were made for neurosurgery or blood evacuation. Additionally, the court mentioned that doctors from the transplantation team had visited the patient and conducted a liver function test before the declaration of brain death. Furthermore, the court found that the death certificate did not adhere to the prescribed norms, and some of the doctors who signed it were not authorized under relevant laws. The mandatory Apnoea test, which is crucial in determining brain death, was not conducted either. The court also expressed suspicion regarding the transplantation of the victim’s liver into a foreign national without the authorization of the internal authorization committee, noting discrepancies in the recipient’s Malaysian Embassy certificate, where the donor was listed as the recipient’s wife.
These grounds align closely with the concerns raised by the complainant, Dr. S Ganapathy. He asserted that the victim’s relatives were misled into believing he was brain dead, ultimately leading them to donate his vital organs. The victim, Abin V J, had suffered head injuries in a motorcycle accident on November 29, 2009. By December 1, 2009, he was declared brain dead, and his vital organs were harvested, with his liver being transplanted into a foreign national, according to the complaint.
Dr. Ganapathy, who resides in Kollam district of Kerala, first learned about the accident and subsequent events from newspaper reports. Upon further investigation, he discovered that the organ transplantation had been carried out allegedly in violation of existing laws and with parental consent obtained through misrepresentation. Speaking to a TV channel after the court’s order, Dr. Ganapathy expressed his concerns about attempts to sabotage the case, including the changing of officers involved in the investigation. He also highlighted the release of a report, purportedly by the district-level enquiry committee of the District Medical Officer (DMO), which claimed that the hospitals and doctors had not committed any wrongdoing. However, when one of the doctors mentioned in the report denied attending the meeting and alleged that her signature had been forged, Dr. Ganapathy became suspicious and began searching for the medical records related to the case. He further alleged
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