HC says DGHS report on on Ayaan’s death ‘eyewash’

The High Court has said the Directorate General of Health Service (DGHS) probe report on the death of five-year-old Ayaan Ahmed at the United Medical College and Hospital an "eyewash" and "ridiculous".

Justice Mustafa Zaman Islam and Justice Md Abdullah's bench made the observation at a hearing on the probe report on Monday (29 January). 

On behalf of the DGHS director general, the organisation's Deputy Director Dr Porimol Kumar Pal submitted the 15-page probe report to the court as an affidavit on Sunday.

The report states that Ayaan suffered from childhood asthma. He was given a nebulizer and inhaler for his breathing problems in the waiting room before the circumcision. This matter was not informed to the doctors.

The report also said anaesthetic injections used on Ayaan before surgery could have caused severe allergic reactions and lead to contractions in the airways or the muscles around the airways to tighten and spasm.

Referring to this point, the court remarked that Ayaan's operation should not have taken place. "What was the rush that operation had to take place on that day? What would be the harm in delaying it for a few days?"

The HC bench also said, "No doctors want their patients to die. But here [in the probe report] it shows negligence in the treatment of Ayaan."

"Even a coronary artery bypass surgery does not require so much medication as used during the circumcision of baby Ayaan," the court added.

Slamming the DGHS over the probe report, the court said the DGHS submitted such a report to avoid accountability. 

During the hearing, Deputy Attorney General Tushar Kanti Roy represented the state, ABM Shahjahan Akand Masum, represented the petitioners and  United Hospital was represented by lawyer Cumar Debul Dey in the court.

ABM Shahjahan sought a re-investigation on Ayaan's death saying the DGHS report was "manipulated".

The court fixed 11 February for the next order on the matter.

Earlier on 22 January, the HC ordered the DGHS director general to submit a probe report on the death of Ayaan on 25 January.

Prior to that, on 15 January, the court issued a rule asking why Ayaan's family will not be compensated Tk5 crore over for the death of Ayaan.

The court gave the United Medical College Hospital authorities, the health secretary, the Director General of Health and others concerned four weeks to respond to the rule.  

The court had also asked the DGHS director general to submit a list of all government approved and unapproved hospitals, clinics of the country within one month.

Ayaan's father Shamim Ahmed has filed a case against United Hospital and United Medical College Hospital, its two doctors, unnamed directors, employees and staff over the death of his son.

Shamim alleged that his son died due to negligent treatment while being kept on life support at United Hospital from 31 December to 7 January.

Ayaan was first admitted to the United Medical for the circumcision surgery and was later transferred to United Medical where he was declared dead