BACKGROUND

1. In the past year, India State faced a devastating pandemic that resulted in a significant number
of deaths. The corona virus had a profound impact on the Rajasthan. Sawai manSingh, (SmS)
Hospital, a highly reputable healthcare facility, played a crucial role in treat- ing Corona virus
patients. They even offered doorstep medical services, which contributed to their recognition as
the number one hospital in the healthcare industry.

2. However, over the last three months, there has been a significant increase in Corona virus
cases in the area, with the number rising from 500 cases per month to over 27,000 cases per
month. As a result, SNS Hospital has experienced a surge in patients seeking treatment for the
Corona virus.

3. Rakesh,whowas38yearsold,livedwithhiswife,Sunita,theirtwoyoungchildren,includ- ing a
daughter name Vineeta, his elderly parents, and his brother's family. Rakesh was the sole bread
earner for the family and everyone was dependent on him for their livelihood. Unfortunately, he
had to be admitted to the SNS hospital since he was experiencing severe chest pain.

4. Later, Sunita, the wife of Mr. Rakesh signed a pre-consent form on his behalf. This legally
enforceable document explicitly outlined that in the event of any unforeseen circumstances
arising during the course of treatment resulting in the patient's demise, the hospital shall not be
held accountable or subject to legal prosecution.

5. After Sunita signed the pre-consent form, Dr. Kamlesh, a highly regarded physician at

SNS Hospital, has provided exemplary care to numerous virus patients. Dr. Kamlesh had
finished his shift, but because there were a lot of Corona virus cases, he decided to work extra
hours. During that time, he attended to Mr. Rakesh and asked his wife if Mr. Rakesh had any
pre-existing medical conditions such as allergies or the presence of diseases like hyper- tension,
diabetes or asthma. But Sunita, who was really worried about her husband, forgot to mention any
of his previous health conditions. Dr. Kamlesh continued his examination assuming that Mr.
Rakesh didn't have any prior medical conditions.

6. Unaware that Mr. Rakesh had an undisclosed pre-existing medical condition, Dr. Kamlesh
administered certain medications and injected a high dose formula based on Mr. Rakesh's current
health. After the injection of formula, an unexpected complication arose, and Mr. Rakesh began
experiencing severe respiratory distress and struggling to breathe. Upon wit- nessing her father's
deteriorating condition, Vineeta experienced a severe emotional trau- ma, leading to a state of
shock and subsequent loss of consciousness. As a result, she was admitted to the same hospital,
incurring additional medical expenses.

7. UponMr.Rakesh'sadmissiontothemedicalfacilityinSNSHospital,theyhad35ventila- tors
specifically designated for critically ill and emergency patients, based on their average monthly
requirements that had already been occupied by individuals afflicted with the Corona virus and
in a critical state of health. This unfortunate circumstance posed a significant challenge in
providing the necessary respiratory support to Mr. Rakesh, given the unavail- ability of
ventilators at that time.
8. Since the number of cases of the Corona virus were multiplying rapidly, there was a surge in
demand of the ventilators. The hospital tried their best to procure a ventilator by reaching out to
multiple vendors but they couldn't procure. Eventually, they managed to secure the rental of a
ventilator from MediProducts Pvt Ltd. However, due to the considerable elapsed time of

approximately 2.5 hours until the installation of the ventilator, Mr. Rakesh, whose oxygen
saturation level (SpO2) had reached critically low levels, couldn't be saved and ultimately
succumbed to death.

9. Because of all of the mishaps, the hospital decided to suspend Dr. Kamlesh. The Hospital took
this action because of the serious consequences of his decision to give such a high dose injection.
The hospital is taking the matter with utmost gravity and implementing measures to prevent its
recurrence in the future. They are diligently addressing the issue to

ensure the highest level of patient safety and care.

10.But the incident spread like wildfire on social media and their slogans such as:

"Demand better healthcare, reject SNS Hospital negligence! "SNS Hospital: A place of tragedy,
not healing."

"SNS Hospital: Where negligence costs lives" all over social media.

11.Also, the wide media coverage of the case caused a significant loss of reputation, blaming
SNS Hospital for the death of a patient due to their inadequate service. SNS Hospital faced
significant financial losses and a major blow to their reputation due to the negative publicity.
12.Sunita, wife of Mr. Rakesh took legal action against the hospital by filing a lawsuit in the
Sajasthan State Commission. She alleged that the hospital was negligent and failed to pro- vide
adequate services. Sunita sought compensation of INR 60 lakh for the damages suf-

fered by the family due to the untimely death of her husband Mr. Rakesh.