High Court · 2025

TheCommissioner'Health,MedicalandFamilyWelfareTelanganaStateat Hyderabad. The District Medical and Health officer, Hyderabad District, NTPC building' Opp. Harihara Kala Bhavan, Secunderabad. The Niohtinqale Hospital, Vinay Nagar Colony Saidabad' Nagarjuna Sagar noiO, tivOeiaOad - 500 059, Rep., by its authorized Signatory' Dr. K. Vijay Shekar Reddy. S/o not known,aged ab^out 60 years Oc^c Doctor' -near Santhoshnagir. Saidabad. ilir"f.f ,gfii"grfe Hyderabad - 59. Dr. Smt. K. Lalitha Reddy, W/o Shekar Reddy, aged about il"t";;' C7o--Nightingaf e Saidabad, Hyderabad - 59. Dr. S. Srinivas, S/o not known, aged about 4^8 years' Occ' ftightingife Htspitat, Vinay Nagar, near Santhoshnagar' Hyderabad -59. years' Occ' 'Hospital, Vinay Nagar, near Smlthoshnagar' Doctor, C/o Saidabad, Vinay Nagar. -Uospitai -56

9. Dr. Sridevi, W/o not Nightingale HosPital, Hyderabad - 59. . known, Vinay Nagar, about 48 vears, Occ. Doctor, C/o near Sdnthoshnagar, Saidabad,

10.Dr. Venkat Rao, S/o not known, aged about 36 years' Occ' Do-ctor'. C/o -t'trgEi, '" ilinnii"ijir.j near Sarithoshnagar' Saidabad' 'H;;pitrl, viniv Hyderabad -59.

11. Dr. Slec l-l:rrreed AIi, S/o not khown, aged about 47 years, Ccc Nightingale _Hosprtal, Vinay Nagar, - near Santhcshnzrgir, Hyderrb rd l)9. Doctor, C/o Saidabad,

12.Dr. Divy;t Fleddy, Wo not known, aged about 26 vears. ()<;c. Nightirrgale .Hospital, Vinay Nagai, near Sanihoshnz,gar, Hyder,rbad {i9. Doctor, C/o Saidabad,

13. Dr. K'ishna, S/o not Nightir)gale Hospital, Hyder;rbrld 59. known, Vinay aged about 35 y,ears . O )( . Doctor, C/o Nagar, near Santhosh re g lr. Saidabad,

14.Zeieeia. Vy''c not known,aged about 35 years, Oc,: NLrrse. O/o Nightingale -- - Hospital, V r ay Nagar, near Santhoshnaga'r, Saidabad, Fyder a tad _ 5"S.- 15. Gousi),a. \// o not known, aged about 55 years, O;c. S;taff. O/o Niohtinoale - "- - Hospitel. Vrr ay Nagar. near Santhoshnagar, Saidab:rd t-yOeiatraO _S-O years. Ccc. f,:chnician, C/o Santho:;hna7trr. Saidabad, l6.Narayulnzl, rllo not known, aged about Nightirgale -lospital, Vinay - Hydenrb:rd - 59. 53 Nagar,

17.Plem. S/ > n,rt known, aged about 4g years, Occ. Techni;ian. O/o Niqhtinoale Hospit,rl. Vinay' Nagar. near Santhoshnagar, Saidabad, lvOeiri,aO _'s'g.' "" " years, O,;c. kchnician, C/o Santhos;hna;rrr, Saidabad, 'lB.Shank;rr, S,c not known, aged about Nightingale llospital, Vinay Nagar, Hydere bad - 59. 40 '19. Samudra'a l;:tnthosh Kumar, S/o not known. aoed l,4anag enren Supervisor, C/o Niqhtinqale Hos"oital Santhoshlaoar. Saidabad, Hyderabld - 59. at,out 35 years, Vina y Nagar, Occ. ...FIESPONDENTS Petitio. L nd:r' Articre 226 of the constitution of rrdia pra,,,irrg that in the circumstances ;t:: ed in the affidavit fired therewith, the Fligh court may be pleased to isl;ut: a r appropriate writ, order or direction, rnoro partilularly one in the nature of r.A/rit r f mandamus declaring the inaction of the Re:st o rdent No.2 to 4 in considering re )resentation of the petitioner Dt. 1o-1 . -zo?_4. i7 -ii-2024 and 3o-11-2024 for 1eo€ssary action against Sth Respondent Hospital and Doctors and staff i.e., ti e ,1,:spondents No.6 to 19 for medical regl gen ;e and caused death of my wile ramely Smt. Dyapa Neeraja Reddy, is illegal arbitrary and violation of artir;le:; 14, 1s, 21 of constitution of lndia an,.1 ,al ,;c violation of principles of natureI justice, consequenfly direct the Responclentr, \o. 2 to 4 to conduct inspection and detailed departmental enquiry over p,,rt tioner wife,s death on the l)art of medical negligence of Respondents No. 5 to 19 at the time of raparoscopic lystorectomy surgery, further take necessary acton as per raw against Sth Respondent Hospital, Doctors and Staff i'e, Respondents No 6to '19. IAN O:1OF 2024 petition under Section 151 cPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to directtheRespondentsNo.2to4tosuspendtheRespondentNo.5tol9in functioning the Hospital as well as doctor practice till submission of final report of the Respondent No- 2 to 4 pending disposal of the main writ petition' Counsel for the Petitioner: SRI RAPOLU BHASKAR Counsel for the Respondent No.1, 3 & 4: AGP FOR MEDICAL HEALTH FW Counsel for the Respondent No.5 to 19: SRI KATIKA RAVINDER REDDY The Court made the following: ORDER THE) HOIY'BLE SRI JUSTICE NAGESH BHEEMAp.itKA WRIT PETITION No.35318 of 2024 ORDER: Thr: ,:a s e of the petitioner is that his u.ife u,as r;uffering from abr.or rr;rl uterine bleeding and was under- thr: tre atment of Respond:nt |fr,.7. Despite two months of medicaticn. :here u,as no impr()vcm :nt, and on medical advice, she rva s ac'nritted to the 5th Flesrpcndent Hospital on 07 .1I.2024 for a lerp aroscopic hvsterecl ornr. r;urgery. At around 4:30 PM, the clor:tcrs and managenlc-rt ol 5th respondent hospital inforrnecl :hr: p:titioner that her con,lition had deteriorated and advisecl shirting her to Yashoda ttospital, Malakpet. Although an amlulz r ce was available :lt( hospital management negligently clelzved its arranger.enr a.ld his wife died while undergoing trezrt :rrent at Yashoda Hos ltal, Malakpet. After her deatll, t 1e ;etitioner revielveci hcr medical records and concluded thal due to negligent tlcatlnent by Respondents 5 to 19 durinE surgery including i:rp,roper port insertion her internal orqz ,rLs w.ere damaged. Frricr to the surgery, his wife was in sta rk: :crndition apart frorn ti-r,r r_rterine bleeding. He further strbmitte< I that as some staff pr_.r;ent during the surgery were unquz ilied and I 2 NSKJ W.P. No.35318 of 2024 Iacked medical training, the doctors failed to diagnose and treat the condition properly, ultimately leading to her death despite the efforts made by Yashoda Hospital.

2. The petitioner lodged a complaint with Respondent Nos. 3 and 4 on l}.ll.2o24 and sent a reminder on 27.11.2024, but no action was taken. On 30.11.2024, he submitted a representation to Respondent No. 2, requesting a departmentai enquiry and to take legal action against respondent Nos.S to 19. However, the said representations have not been considered to date. Hence, the present writ petition has been filed.

3. Heard Rapolu Bhaskar, learned counsel for petitioner and learned Assistant Government Pleader for Medical Health and Family for respondent Nos.1, 3 and 4. Perused the record.

4. Learned counsel for the petitioner made submissions on the lines of writ affidavit and requested this Court to direct the respondents to consider the representations of the petitioner as expeditiously as possible.

5. Learned Assistant Government Pleader for Medical Health and Family for respondent Nos. 1, 3 and 4 submits that if the 52id . petitioner repr:esentations are stiil pending for ry:.. / i I I ; I ! I I 3 NB(,,I W P. No-35318 of 2OZ4 conside:a-iorr. respondent authorities ma5 b,. directed to dispose o1 rh: same in accordance with law.

6. In r ierr., of the submission made by leerrLe I counsel appearirrg ot.t ,,:ither side, without expressing an)_ ()p..n:cn on the merits c f th r . case, this writ petition is dispose 1 ol Cirecting respondrtn t ;r u thorities to consider and dispose the p e -itioner,s representatro'r s. dated IO.ll.2024, 27.11.202,1 and 3r). 11.2024 and pasr; ap,1u opriate orders in accordance rvi th law ,,vithin a period ol for::r (O4) weeks from the date of rec:eipr of a copy of this orck:r a.r <i communicate the same to the Fretltioner. No costs. closed. To, Mi:;ct:lli. neous applications, if any pendrng. sh;rl stand SD/- P. PADMANABHA REDDY DEPUN' REGISTRAR //TRUE COPY// SEC-'I()N OFFICER

1. The Princ pa Secretary, Health, Medical and F mily \n'ellar e Department, Secretaria . l-lyrlerabad, State of Telangana.

2. The Chairma r. lrledical Council of Telangana State, P.B. N c 523, Sultan Bazar, OpLr V/omens College, Hyd-500 095.

3. The Co-nr-ris;s.ioner, Health, It4edical and Family Welfare Telarrr;ana State at Hyderabarl.

4. The Distriil lt'lerdical and Health Officer, Hyderabad District, ''l'l-PC building, Opp. H:rril- arz l(ala Bhavan , Secunderabad.

5. The Authcri, ed Signatory, Nightingale Hospital, Vrn;ry l,,lrrgar Colony, Saidabed. Nalarjuria Sagar Road, Hyderabad - 500 059. 6. One CC tc, SFll RAPOLU BHASKAR, Advocate [OPUC] 7. One CC tc SFll KATIKA RAVINDER REDDY, Advocate [OrUC 8. Two CC)s to 3P FOR IVIEDICAL HEALTH FW, High Court f rr the State of Telanga na al tlyderabad [OUT] Two CD C rpirrs 9 BSR GJP HlGH COU]IT DATED:021C512025 ORDER WP.No..3t;}lB of 2024 t'-:1 ! Z' ,./.'('1" ' q l4 c 1II JJII M I -i - -- -------_-- ) '\- /\: DISPOSITIG OF THE WRIT PETITION, WITHOI.'T' C:OSTS \ -z'1 --------N- ---r-l-r\,^-ffi-- I I I \6- ),O