Father demands cancelling of hospital’s licence after 27-year-old son who, he alleges, died after he was treated by two Ayurveda doctors, while MBBS doctor stayed away; police case filed; civic body finally steps in to investigate
A 52-year-old man has been relentlessly pursuing justice for the past 14 months following the death of his 27-year-old son, allegedly due to medical negligence at a private hospital in Vasai. While the police have registered an FIR, the accused doctor has managed to get bail. And, despite the father’s repeated efforts, the local civic authorities have not taken any action against the hospital, merely barring new patient admissions for now.
Sharing his ordeal with mid-day, Lalman Gupta said his son, Rupesh Gupta, a software engineer, experienced respiratory issues on March 18 last year and was admitted to Breath Care Hospital in Vasai West.
“My son was admitted to the ICU at Breath Care Hospital around 11.30 pm on March 18, 2024. However, the pulmonologist, Dr Dharmendra Dubey, neither visited the hospital nor attended to my son, yet a consulting fee of Rs 2500 was charged for his visit,” Gupta said.
He further alleged, “Although my son was in a critical condition, the hospital allowed two Bachelor of Ayurvedic Medicine and Surgery (BAMS) doctors to treat him — Dr Avdhesh Yadav, who was still a student, and Dr Ritesh Vishwakarma. Neither of them was registered with the Maharashtra Council of Indian Medicine.”
Gupta pointed out that, “As per the Bombay Nursing Home Act and Maharashtra Medical Council Act, only MBBS doctors are permitted to treat ICU patients. But the hospital violated these norms, depriving my son of proper medical care, which ultimately led to his death.”
He claimed that despite Rupesh having passed away on March 19, the hospital staff created a false emergency scenario. “They placed him on a wheelchair without oxygen support and rushed him to a bigger private facility. If he was still alive, why was his oxygen removed? After an unusual two-hour delay, he was finally moved to an ambulance and taken to another hospital in Vasai, where doctors declared him brought dead around 12 pm.”
Gupta alleged that, despite multiple complaints, the Vasai-Virar City Municipal Corporation (VVCMC) has failed to take action, even though Manikpur police wrote to the Medical Officer of Health (MOH) at VVCMC.
He added, “On July 5 last year, Dr Santosh Chaudhary, District Health Officer (DHO) of Palghar, wrote to the VVCMC MOH stating that the Breath Care Hospital doesn’t fall under the jurisdiction of the DHO but under the municipal corporation. He clearly said the VVCMC should conduct the necessary inquiry. But to date, nothing has been done. They’ve only made me run from one office to another.”
Gupta also highlighted the delay in legal action. “My son died on March 19, 2024, but an FIR against Dr Dharmendra Dubey was only filed on January 14 2025, under Section 304 of the Indian Penal Code (IPC). I’ve been running from pillar to post seeking justice, but nobody is willing to listen. Why?”
Alleged medical mafia
“Complaints against illegal medical practices are moving frustratingly slowly. It appears the authorities are reluctant to act against corruption. This raises serious concerns about a possible nexus between officials and the medical mafia,” Gupta said. “I have no option left but to appeal to mid-day to highlight the pain of a father who lost his 27-year-old son to medical negligence. Maybe this will help reach the higher authorities,” he said.
Police speak
A Manikpur police officer said, “We have registered an FIR against Dr Dubey, who has secured bail. However, the father, Lalman Gupta, has approached the court seeking cancellation of that bail. Dr Dubey was not present when the patient was admitted. In his absence, two untrained doctors treated Rupesh Gupta, who later died.”
“During our investigation, we found a similar complaint was lodged against Dr Dubey in 2022. He currently runs four hospitals — in Vasai, Nalasopara, Bhayandar, and Mira Road. We have sent a letter to the MOH, VVCMC, on May 13 detailing the action taken and Dr Dubey’s past medical history.”
VVCMC speaks
Dr Bhakti Choudhary, MOH at VVCMC, said, “This is a case of medical negligence, which falls under the jurisdiction of the civil surgeon. We have already barred the hospital from admitting new patients. Since an FIR has been registered, we can only cancel the hospital’s licence if directed by the court, police, or civil surgeon.”
Doctor: I advised a shift
Dr Dharmendra Dubey, the owner of the hospital said, “The patient was under my care, and I gave the treatment orders. His condition was critical, with extensive bilateral lung involvement before arriving at our hospital. I advised his relatives to shift him to a bigger hospital. They gave written consent acknowledging the critical state and need for ventilatory support, choosing to stay overnight and transfer him in the morning.
As I was unwell that evening, I couldn’t visit at night but remained in touch with the resident medical officer. My charges weren’t billed, and pending dues weren’t discussed. The patient, seen by another chest physician 20 days earlier, had ignored repeated advice for urgent admission. CT and post-mortem confirmed bilateral pneumonitis as the cause of death.”