From Illegal Operations to Anesthesia Protocol: 15 Questions Haunting Srinagar’s Harkaar IVF Centre
Srinagar, July 5, KNT: The Harkaar IVF and Maternity Centre at Tengpora in Srinagar, where a 35-year-old woman allegedly died following an IVF procedure, has come under intense scrutiny with investigators expected to examine at least 15 serious allegations and regulatory lapses, ranging from operating without mandatory permissions to alleged medical negligence, anesthesia protocol violations, and possible criminal liability.
1. Registration and Licensing:
The first and foremost issue is whether the IVF centre was legally authorized to operate. If the Health Department’s findings are correct, the clinic was functioning without the mandatory registration and permissions. Under the Assisted Reproductive Technology (Regulation) Act, 2021, no ART or IVF clinic can legally provide services without valid registration from the competent authority.
2. Operating from an Under-Construction Building:
Officials have alleged that the IVF centre was operating from an under-construction building. Healthcare facilities are expected to function only from premises that have been approved for clinical use after complying with prescribed standards relating to infrastructure, fire safety, sanitation and patient care.
3. Lack of Statutory Approvals:
Apart from registration under the ART Act, investigators will examine whether the clinic had all other statutory approvals required to run a healthcare establishment. A specialized medical facility cannot legally function without obtaining the permissions mandated by law.
4. Illegal Operation of the Ultrasound Machine:
The Health Department has also pointed to alleged violations relating to the ultrasound machine. Investigators will verify whether the machine was registered and operated in accordance with the provisions of the PCPNDT Act, which regulates the use of ultrasound equipment and mandates strict record-keeping.
5. Death Following an IVF Procedure:
A patient died shortly after undergoing an IVF procedure at the centre. Investigators will examine whether all medical protocols were followed before, during and after the procedure, and whether the clinic maintained the standard of care expected from such specialized institutions.
6. Alleged Medical Negligence:
The family has alleged gross medical negligence. The investigation will determine whether the doctors exercised the degree of care, skill and diligence expected from reasonably competent medical professionals under similar circumstances.
7. Administration of Anesthesia:
One of the principal allegations relates to the administration of anesthesia. Investigators are expected to examine whether a qualified anesthesiologist administered the anesthesia, whether a proper pre-anesthetic assessment was conducted, whether the dosage was appropriate and whether all accepted protocols were followed.
8. Monitoring of the Patient:
Medical standards require continuous monitoring of a patient after the administration of anesthesia. Investigators will likely verify whether oxygen saturation, pulse, blood pressure, ECG, respiration and other vital parameters were continuously monitored throughout the procedure and recovery period.
9. Informed Consent:
Another important aspect is whether proper informed consent was obtained from the patient. The law requires that patients be fully informed about the nature of the procedure, associated risks, possible complications, alternatives and expected outcomes before giving written consent.
10. Emergency Preparedness:
Every IVF centre is expected to have adequate emergency infrastructure, including oxygen support, emergency medicines, resuscitation equipment and trained personnel capable of handling complications until specialised care is available. Investigators are likely to assess whether these facilities were available and functional.
11. Referral to Another Hospital:
The woman’s family has alleged that she was shifted to another hospital after her condition deteriorated. The investigation is expected to examine whether she was stabilised before referral, whether the transfer was timely, whether appropriate medical personnel accompanied her and whether proper referral documentation was prepared.
12. Communication with the Family:
According to the family, they were not informed promptly about the patient’s deteriorating condition. Investigators may examine whether the clinic fulfilled its duty to keep the patient’s attendants informed at every critical stage of treatment.
13. Medical Records and Documentation:
The police and Health Department are likely to scrutinise all medical records, including consent forms, anaesthesia charts, monitoring records, operation notes, treatment sheets, referral documents and emergency management records. Proper documentation is a legal and professional requirement for every healthcare institution.
14. Alleged Attempt to Evade Responsibility:
The family has alleged that the clinic premises were locked soon after the patient’s death. While this remains an allegation, investigators may examine whether any attempt was made to conceal evidence or obstruct the investigation. Healthcare establishments are expected to preserve all records and cooperate fully with investigating agencies after any medico-legal incident.
15. Criminal and Regulatory Liability:
Finally, investigators will determine whether the facts disclose merely regulatory violations, medical negligence or offences warranting criminal prosecution. The Health Department has already recommended registration of an FIR, but the final determination of liability will depend on the police investigation, expert medical opinion and the evidence collected during the inquiry.
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