Fortis Hospital Bangalore, whose organ transplant licence was cancelled in 2011 after alleged medical negligence by two of its surgeons led to the death of a patient undergoing pancreatic transplant, lost its appeal in the Karnataka high court.

In a writ petition, Fortis had challenged the authority of the Appropriate Authority for Transplantation of Human Organs to pass the order cancelling its licence. Justice BS Patil, in his judgment, agreed with the decision of the Appellate Authority that based on the illegal pancreas transplant performed by the hospital, its licence should be cancelled.

The victims husband, Pankaj Rai, commented: “For me it has been a very personal journey, because it provides some justice in a matter pertaining to the untimely demise of my wife.”

“There are a very few judgments on Transplantation of Human Organs Act. With the exception of two judgments, all the judgments in India are on the issues of donors/recipients being denied permission by the Authorisation Committee. This judgment is the first of its kind in India because it pertains to a Hospital violating the provisions of Transplantation of Human Organs Act,” added Rai.

Senior counsel {CV Nagesh} briefed by advocate K Suman was acting for Fortis. Advocate D Aswathappa was acting for the Appropriate Authority and the Health and Family Welfare Department of the Karnataka government. Rai appeared in person.

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