Kochi: The High Court has issued a stay order on further proceedings on the Magistrate Court’s order related to a case against the doctors of Lake Shore Hospital for allegedly reporting brain death and organ donation without following procedures.
The case had been presented before the Ernakulam Judicial Magistrate First Class Court No. 8 and pertained to allegations of organ donation without adhering to proper legal protocols. The stay order is effective for a period of six months. The stay order was handed down by Justice P.V. Kunhikrishnan in response to a petition filed by Lakeshore Hospital in Kochi and seven doctors, demanding the cancellation of the case.
The Magistrate Court ordered an investigation into the case following a complaint that had been submitted by Dr. S. Ganapathi, a resident of Kollam. The case centres around the suspicion of the brain death of a 21-year-old native of Muvattupuzha who suffered severe injuries in a motorcycle accident. The incident in question involved the removal of organs from the injured youth on November 29, 2009. The victim was initially admitted to a private hospital in Kothamangalam and subsequently transferred to a private hospital in Kochi the following day. On December 1, doctors confirmed his brain death. Following the consent of the victim’s mother, his liver and kidney were donated for transplantation.
The essence of the case lies in the allegation that a brain death report was issued without adhering to the legal provisions related to organ donation. The complainant claims that the accused doctors acted criminally, failed to provide proper treatment to the victim, and subsequently transplanted the organs into a foreign national, violating the existing laws. Furthermore, it is alleged that the hospital profited substantially from these actions. The complainant further argues that the certification of brain death was carried out by a team of doctors who lacked the authorization for such a procedure. Then he argued that the doctors failed to conduct an apnea test to confirm brain death. The organs were believed to have been transplanted into a Malaysian citizen.
The hospital and the accused doctors, in their petition, assert that the brain death was confirmed by a medical board in compliance with prevailing laws.
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