Death Of Ohona In 2013
Acquittal of two Square Hospital docs illegal: HC
Published : Wednesday, 24 February, 2021 at 12:00 AM Count : 275
The High Court (HC) on Tuesday declared illegal a lower court order that discharged two physicians of Square Hospital Ltd and the hospital from a criminal case filed over the death of a child name Mirza Arunima Shahpar Ohona for their negligence in 2013.
The court ordered the trial court to proceed with a further inquiry into the allegation of negligence on the death of Ohona against the two physicians of Square Hospital and the hospital too.
The HC bench of Justice AKM Abdul Hakim and Justice Fatema Najib delivered the verdict after making a rule absolute which was issued following a petition filed by Ohona's father Architect Mirza Shahpar Jalil challenging the Metropolitan Session Judge's Court order that had upheld the discharge order.
Barrister Khan Khalid Adnan argued for the complainant while lawyer Bakir Uddin Bhuiyan stood for the Square Hospital and Deputy Attorney General Fazlur Rahman Khan represented the State.
Earlier, the HC set the date for the verdict on February 3 after concluding its hearing on the rule.
After the verdict, petitioner's lawyer Barrister Khan Khalid Adnan told the Daily Observer that it is a landmark judgment in the area of clinical negligence in Bangladesh. The HC has made some milestone observations in the judgment which will have an enormous impact in the medical negligence.
According to the petition, Mirza Arunima Shahpar Ohona, a half and four-year child was admitted for her brain tumour treatment to the Square Hospital under its pediatric department on August 14 in 2013. However, at one stage her father architect Mirza Shapar Jalil realizing that Ohona was not receiving proper treatment in the hospital.
The pediatric department of Square Hospital did not conduct even one follow-up CT scan or MRI even after the lapse of three days to know the post-operative condition of Ohona's brain tumour. Seeing no progress of Ohona's treatment her father was compelled to take her daughter to Bangkok for better and effective treatment on August 17 in 2013, the petition said.
'On the same day, the Hospital in Bangkok took Ohona to their PICU and performed CT scan by keeping her in full life support and in that CT scan hemorrhages were detected. After that, Ohona could not survive even after going through a lengthy treatment procedure.'
After the death of Ohona, her father had filed a case on January 11 in 2015 with the Dhaka Chief Magistrate Court against Dr Kazi Noushad-Un-Nabi, the then Consultant of Child Department and PICU of Square Hospital Ltd Md Masudur Rahman and the then Director of Treatment Service of the hospital Prof Dr Sanawar Hossain and Square Hospital Ltd accusing them for negligence in treatment.
Following the case, the Magistrate court ordered the VC of Bangabandhu Sheikh Mujib Medical University (BSMMU) to conduct an enquiry into the allegations of the case. The inquiry committee submitted a report before the court stating that due to the reasons mentioned in the report, it is not possible to give a complete opinion as to whether or not anyone is responsible for the death of the victim.
The Magistrate court took cognizance of the case against one accused, Dr Kazi Noushad-Un-Nabi, and discharged three others. Challenging the order, complainant filed a revision petition in the Dhaka Metropolitan Session Judge Court. The court summarily rejected the application.
Later, Ohona's father filed an application with the HC challenging the Metropalitan Session Judges Court order.
After hearing on the petition, the HC bench of Justice Farah Mahbub and Justice Mahmudul Hoque had issued a rule to explain as to why the discharge order upheld by Dhaka Metropolitan Session Judge Court would not be declared illegal.