A written complaint seeking criminal prosecution of directors of two private hospitals -- Jehangir and Ruby Hall -- was filed today with police by the family of Reeda Shaikh, the first fatality of swine flu in India.
The complaint, which alleges medical negligence on part of the hospitals, has also named one Dr Sanjay Agarwal, a panel doctor in Jehangir hospital in Pune where 14-year-old Reeda succumbed to the deadly infection on August 3.
"Police will investigate the matter and register an FIR against the accused," Asif Lampwala, lawyer representing Reeda's aunt Ayesha Shaikh, told reporters here. "We will also filed separate cases in consumer court for compensation and apology. We have basically said death by negligence is the main issue," he alleged.
The lawyer claimed that joint director, health, government of Maharashtra too had filed a complaint against the two private hospitals for alleged medical negligence that led to the death of Reeda, a Class XI student of St Anne's school.
Lampwala, who was accompanied by Ayesha Shaikh, filed the complaint at Bund garden police station under which jurisdiction the two hospitals fall.
The deceased girl's family had alleged that Reeda's blood samples were sent by Jehangir Hospital to Ruby Hall clinic for H1N1 testing when it should have referred it to designated National Institute of Virology (NIV).
Ruby clinic sent test result as negative for the virus within an hour employing rapid testing methods which resulted in delay in proper treatment giving proper treatment to the girl, the family claimed.
The samples subsequently tested positive for H1N1 infection at the second test carried out at NIV.
The lawyer said the complaint had also named Dr Sanjay Agarwal under whose supervision Reeda was treated for pneumonia following a "wrong diagnosis" at Jehangir hospital. Both Jehangir and Ruby hall clinic have denied the allegations made by Reeda's family.
Jehangir hospital had contended that the girl had shown 'non-specific' symptoms at the time of admission on July 27 and when H1N1 infection was confirmed at NIV on July 31, the hospital had alerted health authorities putting the patient on the prescribed anti-viral Tamiflu tablet.
