STATEMENT FROM APOLLO HOSPITALS
The Order dated 20.12.2021 of the Supreme Court in the matter of Apollo Hospitals vs. State of TN & Armughaswamy Commission probing the circumstances of the death of the former CM of TN, fully vindicates the position taken earlier by Apollo Hospitals that a team of medical experts should have been constituted to aid the Commission in its process.
The Commission was constituted by the Government of TN in the year 2017 and from the inception of the Commission, the hospital and doctors have been co-operating in every manner possible to aid the Inquiry and offer all assistance to help the fact finding body complete its Inquiry. In January 2018 the hospital produced in the Commission, 30 volumes of medical records close to 6,000 pages, and all other material relating to the treatment of the late CM in the hospital until her demise on 5th December, 2016. To date 56 Apollo Doctors, 22 paramedical and support staff of Apollo Hospitals have appeared before the Commission and submitted their oral evidence.
The hospital’s grievances against the manner in which the proceedings were being conducted by the Commission were manyfold. The primary concern of the doctors and hospital was that the Commission was not equipped with the expertise to inquire into highly complex medical facts and the Inquiry was going off the rails. Therefore, the hospital in December 2018 filed an Application before the Commission requesting that a Medical Board consisting of highly qualified specialists be constituted to aid the Commission in its inquiry. The late CM suffered from a complex matrix of cases and was treated by doctors from Apollo Hospitals and other experts in India and overseas. Analysis of the medical treatment and recording of medical evidence should be undertaken only by equally qualified peers.
Unfortunately, in January 2019, the Commission dismissed the Application refusing the plea of the hospital to constitute a Medical Board. In February, 2019 the hospital had no other option but to approach the High Court of Madras by way of a Writ seeking constitution of a Medical Board. Although the High Court did not allow the plea, in its order dated 04.04.2019, the High Court recorded its finding that Apollo Hospitals had co-operated with the Inquiry in every manner and were forced to approach the High Court seeking reliefs due to the “innocuous” & “bizarre” manner in which the Commission was conducting its Inquiry. The High Court remarked it hoped that this would not reflect in the final report of the Commission.
AT NO POINT IN TIME DID THE HOSPITAL SEEK AN ORDER TO DISBAND THE INQUIRY/COMMISSION. This was/is never its intent.
Aggrieved by this order, the hospital approached the Supreme Court challenging the order. By its order dated 20.12.2021 the Supreme Court has provided immense relief to the hospital and the medical fraternity especially doctors who treated the late CM, by passing an order constituting a Medical Board headed by the Director of AIIMS, New Delhi.
Salient points of the Order:
- Commission to furnish the documents, depositions and the records as available in the records of the Commission;
- Apollo Hospitals may cross-examine/recall any witness or individual including those witnesses whose evidence has been since closed and also lead its own evidence;
- Just and proper to constitute a Medical Board to assist the Commission in disposal of the case.
- Director of AIIMS will nominate a panel of doctors, specialists in the fields of treatment of ailments as suffered by the late CM;
- Commission has to furnish the Medical Board with complete records of the proceedings;
- 4. Medical Board is permitted to participate in all further proceedings of the Commission and furnish a copy of the report to the Commission;
- A copy of the report will also be furnished to Apollo.
THE HOSPITAL PLACES ON RECORD THAT IT HAS ALWAYS EXTENDED ITS SUPPORT OF AND CO-OPERATION IN THE ONGOING INQUIRY AND IT SHALL CONTINUE TO DO THE SAME IN THE PROCEEDINGS TO FOLLOW.
IS CONFIDENT THAT THE ORDER OF THE SUPREME COURT HAS BUTTRESSED THE INQUIRY COMMISSION WITH SUFFICIENT CHECKS & BALANCES TO ENABLE THE INQUIRY TO BE NOW CONDUCTED IN A FAIR, ACCURATE & EFFICACIOUS MANNER.
