Bharatiya Nagarik Suraksha Sanhita (BNSS)
Subject : Criminal Law - Bail Application
In a pointed order targeting the exploitation of welfare schemes, the Gujarat
The controversy stems from a medical camp held in Borisana village on November 10, 2024. Of the 89 individuals who attended for routine health checks, 19 were referred to Khyati Hospital for suspected cardiac issues. The prosecution alleges that the hospital, in a systematic effort to siphon funds from the Pradhan Mantri Jan Arogya Yojana (PMJAY) , forced patients—many of whom were completely asymptomatic—to undergo invasive angiography and angioplasty procedures.
Tragically, the investigation revealed that two patients died due to post-procedure complications. Testimony from survivors suggested a pattern of psychological coercion, where patients who declined the procedures were allegedly threatened with imminent death from cardiac arrest unless they consented to the surgery.
Representing Dr. Vazirani, senior counsel argued that the investigation is now complete and a charge-sheet has been filed. The defense maintained that the procedures were performed in accordance with standard medical protocols and that the hospital had received prior approval from the PMJAY authority for the surgeries.
Conversely, the Public Prosecutor and lawyers for the victims argued that the case goes far beyond simple medical negligence. They contended that patient records were manipulated—with some patients receiving stents they did not need, and others receiving more stents than medically required—solely to maximize financial gains under the government insurance scheme.
The Court’s decision was largely influenced by an expert opinion from the U.N. Mehta Institute for Cardiology & Research Centre . The Institute’s report indicated that in several cases examined, including that of the deceased patients, the medical justification for stenting was non-existent. The expert audit revealed: * Manipulation of patient histories post-inquiry. * Discrepancies between angiography videos and reported blockage percentages. * Absence of necessary post-operative monitoring.
In his ruling, Justice Mengdey emphasized the severity of the breach of trust:
> "The PMJAY scheme has been in place to provide quality medical treatment to the public at large at a minimal cost. It is this scheme which has been allegedly misused in the present case for fulfilling materialistic ambitions of a few."
> "The statements of these witnesses indicate that some of the witnesses were having no complaints with regard to any heart related ailments... they were wrongfully advised to undergo cardiogram and angiography."
> "The involvement of the present applicant in the present offence cannot be ruled out at this stage, since the material available on record indicates a strong prima facie case against the present applicant."
> "Be that as it may, the fact remains that seven patients were forced to undergo the procedure of angioplasty without their wish and without any need in some cases."
Finding no grounds to grant relief, the High Court dismissed the bail application. The court’s refusal, based on the prima facie evidence of a systemic attempt to "mint money" at the cost of human life, sends a strong message regarding accountability in the healthcare sector. As the case proceeds to trial, the ruling underscores the judiciary’s commitment to ensuring that public welfare schemes remain protected from predatory practices.
For the healthcare industry, this order serves as a stern reminder that clinical decisions must remain bounded by bioethics rather than motivated by financial incentives. The trial will now focus on the extent of the conspiracy and the culpability of the hospital’s management team.
Healthcare fraud - Medical ethics - Insurance malpractice - Criminal negligence - Cardiology malpractice - Patient abuse
#MedicalNegligence #CriminalLaw
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