Negating possibility of a criminal negligence on Delhi's Max Hospital's part, the National President of the Indian Medical Association (IMA), Dr K K Aggarwal, said no doctor would willfully declare a baby dead, adding the doctor concerned might have made a mistake.
"There is definitely a mistake. The difference between a mistake and negligence is deliberate action. I don't think any doctor will do it willfully. But let the inquiry committee find out," Aggarwal said.
He considered the possibility of a mistake by the doctor as was made by Delhi's Safdurjung Hospital in June, where the doctor had mistakenly declared a baby dead after its heartbeat stops amidst hypothermia.
Aggarwal has asked the chairman of the IMA Grievance Cell and former Delhi Medical Council (DMC) president, Dr AK Aggarwal, to look into the matter and also informed the DMC had announced a suo motu inquiry into the case.
"We have asked the inquiry committee to check if the doctor was competent, if the baby was really premature and what his weight was. Was the baby in hypothermia and did he have a cardiac arrest? Was the counselling given to the relatives and what were his chances of revival? Was the World Health Organisation (WHO) guidelines followed and did the relations sign for the resuscitation?" the IMA head said.
He also asked the committee to check if there was a dispute over money between the family and the hospital and if the case was referred to a government hospital after the family couldn't afford the expense.
Issuing an advisory, Aggarwal has asked all hospitals across the country to not declare a person dead if its body temperature is low since the patient can be revived even after an hour.
The Shalimar Bagh Max Hospital on Friday handed over the twins, thinking both to be dead, to the family in plastic bags.
When the twins were brought to the burial ground, the parents just before performing the last rites realised that one of them showed movements inside the bag.
They immediately rushed to a nearby hospital where the doctors informed one of them to be alive.