‘Didn’t release photos as per Jayalalithaa’s request’

Filing a counter in response to a public interest litigation filed by one PA Joseph seeking to institute an enquiry commission into the ‘mysterious death’ of Jayalalithaa, the hospital said it was bound by the Medical Council of India Code of Ethics and family rights and hence all information released by them about Jayalalithaa’s health was done only at the Government’s request in the interest of maintaining public order and minimising speculation and rumour mongering. 

It further submitted that although Jayalalithaa showed improvement with initial treatment, the ailment progressed and was continuously tested, diagnosed and treated with indications that treatment was moving on a positive scale, right until the time of her sudden cardiac arrest on December 4, 2016. 

Even at that stage resuscitation procedures were immediately initiated, and only after continued lack of response that a medical decision was taken to allow a natural cessation of life on December 5, 2016, Apollo Hospital’s counter said. 

The state government in a separate counter filed by Dr J Radhakrishnan, Principal Secretary, Health and Family Welfare, contended that the suspicion raised by the petitioner was based on hearsay and conjecture and not based on facts. 

It further submitted that the late Chief Minister who was admitted on the night of September 22, 2016 with complaints of fever, dehydration and underlying co-morbidities was continuously under the care and treatment of a team of experts from the Apollo Hospitals, physiotherapists from Mount Elizabeth Hospital, Singapore, expert opinion from Dr Richard Beale, an international specialist from St Thomas Hospital, London and a team of specialists headed by Dr G C Khilnani, from All India Institute of Medical Sciences (AIIMS). 

On the aspect of how much of details of a patient can be revealed to public, under the Professional Conduct, Etiquette and Ethics for Registered Medical Practitioners, the counter submitted that the registered medical practitioner shall not disclose the secrets of a patient that have been learnt in the exercise of his/her profession except-in a court of law under orders of the presiding judge, in circumstances where there is a serious and identified risk to a specific person and notifiable diseases. 

However, since the counsel appearing for the Central Government sought more time to file its counter, the first bench comprising acting Chief Justice Huluvadi G Ramesh and Justice R Mahadevan posted the case for further hearing to March 13. 

Apollo Hospital has also submitted that if directed by the High Court it will submit the medical records pertaining to Jayalalithaa’s treatment.