Gates of justice closed forever?

LUCKNOW: Justice delayed is justice denied. But in case of Vivek Srivastava and his family, the delay has resulted in injustice. The man is lying in a coma for the last four-and-half-years following alleged medical negligence during a minor elbow surgery in KK Hospital, which these days is in the news for sex scandal in its training institute for nursing. Vivek's case has been caught in legal wrangles and his family which has lost all hope for justice, prays that at least the victim of the alleged sex-for-degree scandal in the institute gets justice.
Happily married with a one-year-old daughter, a loving wife and a promising career in the banking industry, Vivek was the only support of his parents.But things changed on May 24, 2005, when he suffered a minor elbow fracture in an accident. He showed his injury to Dr Ashish Srivastava at his private clinic. An orthopaedic surgeon in CSM Medical University, Dr Srivastava asked Vivek to come to KK Hospital on May 26, 2005, for a minor surgery. However, Vivek slipped into a coma during surgery. He was hurriedly referred to another private hospital and from there he was sent to SGPGI where the family came to know that excessive anaesthesia during operation was responsible for Vivek's condition.
Alleging medical negligence, the family filed complaint with the police and CSMMU authorities. The CSMMU instituted an inquiry and found doctors guilty of private practice. The police probe also found that charges of medical negligence were prima facie true. But no action was taken. The management of KK hospital is well-connected. But, on December 2005, the chief judicial magistrate directed police to lodge and FIR. However, the accused challenged the order in High Court. "The case is still in the court, on every hearing we get another date, now we have stopped pursuing it," said his family members.
The family has lost its savings on Vivek's treatment. Wife Shivani spends all day nursing her husband, administering liquid food through a pipe and taking clearing bed sores on his body. Five-years-old daughter Arshita, who was just one-year-old when the incident happened, has started going to school but is unable to understand why her father lies motionless on the bed all the time. Father, Ram Gopal, a retired government servant, cannot hide his tears, while looking at his grand-daughter. His pension is the only source of income for the family. "You cannot get justice without money and power," rued Vikas, Vivek's cousin while narrating the ordeals the family has undergone all these years.
Besides Dr Ashish Srivastava, Dr Parvez Ahmad (anaesthesia department, CSMMU) and Dr KK Singh (general surgery department, CSMMU) were also present during Vivek's operation. Dr Singh's family runs the KK Hospital. He is a BSP member and close to ministers in Mayawati government. Dr Srivastava has been maintaining that he was present in the hospital because Vivek was his distant relative. Dr Ahmad had said that he was there on the request of Dr Srivastava. The police were told that one Dr Shubh Lal performed the operation. They have also said that that it was not a case of medical negligence and but outcome of risks involved in a surgery. But for victim family, death is better than life.
"Now we don't blame the hospital at all but the corrupt administration and legal system which has allowed such elements to flourish and closed the gate of justice," said family members.