The Karnataka Lokayukta has held the Fortis Hospital in Bangalore guilty for violating the Human Transplantation Act, 1994 and embarking on transplantation of a pancreas without “informed consent” that eventually caused death of a patient in a historic judgment that may have important implications on the reckless use of organ transplantation by the major hospitals across India. The Lokayukta also made scathing observation against the Committee that gave a clean chit to the doctors and Fortis hospital. Seema Roy, wife of retired Major Pankaj Roy, was admitted in the Fortis Hospital May 1, 2010 for a kidney plantation. However, doctors at the Fortis Hospital not only replaced her damaged kidney, they also transplanted her with a new pancreas without any knowledge or informed consent from the patient or appropriate patient-party. The patient died on 6th May, 2010 as a result of the botched up pancreas transplantation.
Major Roy fought back seeking justice against the powerful Fortis Hospital and associated doctors. He also approached the PBT seeking support in his quest for justice for his departed wife. While the Karnataka Medical Council has continued to conduct investigation against the allegedly errant doctors at a laggard pace seemingly to shield the accused doctors, a government Enquiry Committee headed by Mr. D.N. Nayak gave a clean chit to the Fortis Hospital about their right to perform pancreas transplantation. The Lokayudta has not only found that the Fortis Hospital had no legitimate permit even to perform a pancreas transplantation, they have also noted that Mr. Naik acquitted the hospital even without a proper investigation. The Lokayudta has recommended that government should take “appropriate action on the lapses (in investigation) and advised Major Roy to approach the authority for disciplinary action against the negligent doctors (see a copy of the Lokayudta Order below).Karnataka Lokayukta Order (May, 2011)