Five-year-old in vegetative state, parents move court

Brain damage, allegedly suffered during birth at a local hospital, has left a child entirely dependent on a caregiver forever. In May, Devarsh, through his father Sachin Jain, filed a petition before the Delhi High Court claiming that two doctors — Vivek Jain and Akhilesh Singh — who were responsible for the treatment of the child in the neonatal ICU at Fortis Hospital in Shalimar Bagh, were at the time not qualified specialists.

When most children of his age run around their homes or play outside with friends, five-year-old Devarsh Jain lies motionless, confined to a bed in a permanent vegetative state.

Brain damage, allegedly suffered during birth at a local hospital, has left the child entirely dependent on a caregiver forever.

With Devarsh unable to communicate either through speech or motion, his parents find themselves in a relentless battle to understand his silent struggles. For the past five years, they have been knocking at every possible door seeking justice.

In May, Devarsh, through his father Sachin Jain, filed a petition before the Delhi High Court claiming that two doctors — Vivek Jain and Akhilesh Singh — who were responsible for the treatment of the child in the neonatal ICU at Fortis Hospital in Shalimar Bagh, were at the time not qualified specialists.

Taking cognisance of the matter, Justice Jasmeet Singh on June 14 issued notices to both the Delhi government and Fortis Hospital seeking their respective responses.

The plea claimed that Dr. Jain had not obtained the requisite certificates which would have allowed him to practise as a specialist then but was appointed a super-specialist.

In the case of Dr. Singh, the plea said, the hospital has allowed him to work as a senior consultant (neonatology, paediatrics). “The website of the hospital claims him to be a specialist based on Diploma in Child Health. This diploma has been stated by the National Medical Commission not to be a recognised qualification,” the plea highlighted.