Criminal Proceedings Against Kerala Hospital, 8 Doctors Over Organ Transplant Norms
NDTV
The magistrate said that after going through various court rulings, relevant statutes and considering the materials before him, it has emerged that evacuation of blood from the victim's cranial cavity after the accident could have saved his life.
A Kerala court has decided to initiate criminal proceedings against a prominent private hospital in Koch and eight doctors for the offence of unauthorised removal of organs of an accident victim back in 2009.
The decision by Judicial First Class Magistrate Eldos Mathew came on a doctor's complaint alleging denial of proper treatment to the accident victim, declaring him brain dead without following due procedure and transplanting his organs into a foreign national in violation of the law regulating the same.
The court said it was of the view that "there is a prima facie case and sufficient grounds for proceeding in respect of offences under the Transplantation of Human Organs Act, 1994, against all the accused".
"The complainant has complied with all the requirements of the Act. Hence, the case is taken on file. Accordingly, it is directed that summons shall be issued to all the accused," the court said in its order of May 29.