He really loved his wife
Many a times we don't even know about some of the great warriors around us unless chance smiles at us. Their great exploits, their struggles and their fight for justice is a saga to regale and to salute and yet sadly many a times these facts remain unknown to us, unless per chance we come to interact with them or we get to know about their great acts through other quarters.
As luck would have it, today I met one such wonderful person by the name of Sudhir Kumar Srivastava. Mr Srivastava is a banker by profession. An extremely sad event happened in his life when his wife Ms Nidhi Srivastava died, allegedly by wrong medical treatment. Since them he has been fighting for justice, against all odds, coming to face many hardships in various quarters, which resultantly has swarmed him into a cesspool of battles, taking a banker from his cozy banking environment to such rough fields as Medical Council, police stations and various Courts.
Mr Srivastava came to me for certain legal discussions. He possibly had heard something good about me and wanted to informally consult me about his wife's case that he has been pursuing so diligently and persistently.
He told me that one Dr Vipul Shah from the FI Hospital, Lucknow is primarily responsible for the death of his wife Nidhi Srivastava by wrong diagnosis of her shoulder pain as Rheumatoid Arthritis and wrong treatment by prescribing wrong/contraindicated drug Lefra (Leflunomide).
As per Mr Srivastava, the doctor was fully aware about drug Lefra hepatotoxicity and pre-existing liver disease status of his wife before initiation of treatment and despite contraindications and warnings issued by drug Lefra manufacturer Torrent Pharma, he prescribed this drug on suspicion of Rheumatoid Arthritis without confirmed diagnosis. He prescribed drug Lefra which is exclusively prescribed to patients of active rheumatoid arthritis whereas neither shoulder pain of his wife comes under clinical symptom of RA nor any diagnostic test was conducted by Dr Vipul Shah before initiation of her treatment by drug Lefra. He suspected Rheumatoid Arthritis without having any clinical symptoms and diagnostic tests.
Mr Srivastava is not at all an expert in Medicine but his intense urge for justice made him study many deeper points of Medicine. He simultaneously also used RTI not only in India but also from General Medical council , UK & Division of Occupation and professional licensing (DOPL) of to bring forth the facts that Dr Vipul Shah mentions foreign addresses of UK and USA on his prescription slip without having any valid medical practice license.
Mr Srivastava followed this by registering an FIR No 246/2011 under section 420/304 IPC at police station Kaiserbagh, Lucknow against Dr Shah. Here he says he had to face a newer issue. As per him, while the original FIR was under sections 304 IPC, the police officers later criminally changed it into section 304A IPC. There is a big difference between the two sections as 304 means culpable homicide only short of murder, 304A is death due to negligence, where the punishment is much lesser.
This was followed by a legal battle where Dr Shah filed a Writ Petition No 8186/2011 in the Allahabad High Court for quashing the FIR. Mr Srivastava fought the legal battle where the Court not only quashed Dr Shah's petition, it also came sharply against Dr Shah and the policemen for the alleged manipulations, commenting that "manipulation in the official documents has been made, which is a serious matter". The High Court also ordered that proper inquiry be initiated in the matter against those who did this manipulation.
Mr Srivastava is not satisfied with the inquiry conducted against the police persons and he strongly feels that most of the alleged policemen have been improperly saved.
Meanwhile he preferred a complaint against Dr Shah before the Uttar Pradesh Medical Council which disposed off the complaint on 14/10/11. Mr Srivastava feels this enquiry report has not been proper because it blatantly refused to acknowledge death of his wife by drug Leflunomide induced hepatitis which he says was certified by last treating doctor Dr Ashok Kumar of Fortis hospital , Vasant Kunj , New Delhi and the serious adverse drug reaction report of Drug manufacturer Torrent Pharma as informed to Drug Controller General(India), CDSCO , New Delhi through its report dated 04/06/11 As per Mr Srivastava, this inquiry report has also refused to acknowledge reckless treatment of Ms Nidhi Srivastava by Dr Vipul Shah for willful violation of 'contraindications & warning ' issued by Torrent Pharma in drug Lefra product monograph whereas the Supreme court has unequivocally stated in Malay Kumar Ganguly vs Dr Sukumar Mukherjee [2009(9)SCC 221] that any violation of the drug manufacture's direction in the product information monograph by the doctor would amount to medical negligence. Mr Srivastava has put fourteen other reasons for differing with the UP Medical Council report, thus presenting 16 reasons in his Appeal before the Medical Council of India, presently under consideration.
Dr Shah has preferred a petition in the Supreme Court where he got relief that there would be coercion against him, but Mr Srivastava is even fighting right there in the highest court of the land.
To see a person whose profession is banking, going through all this process, for a cause he considers as the last service and regards to his dead wife, whom he really loved with all his heart, is something that touched me to the core, bringing forth the best of respects for Mr Srivastava. Mr Srivastava says that he is not doing all this for any kind of compensation or merely to get Dr Shah punished but he is doing it for the sake for justice and for presenting an example for others, so that those careless and casual medical practitioners, who are gibing a bad name to their profession, remain much more vigilant in the future.
Presently, he is only half way his success, most of his efforts are wrapped and entangled in complex legal webs but the way he is trying to fight them out and the way he has taken up the cause is something which is truly remarkable. To me, his success and failures don't count as much as his persistence and efforts, his relentless battles and his complete dedication to his cause.
I will end my write-up by saying- "May his tribe of real fighters increase manifold."
Amitabh Thakur
Lucknow
# 094155-34526
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