Chronology of Treatment:-

1. October 4, 2006
   Miss NMS complained of a recurrent nodule in the back for which she had undergone surgery at a local community hospital in June, 2006. The Histopathology report of the excised mass indicated a Monophasic Fibrous Synovial Sarcoma. She was investigated further in our hospital which included review of the pathology slides and imaging plates and a diagnosis of recurrence of Soft Tissue Sarcoma was confirmed.
   
   
2. November 17, 2006
   The patient was admitted to our hospital.
   
   
3. November 20, 2006 (Monday)
   The patient was wheeled in to the Operation Theatre Complex at around 9.00am and later in to the Operation Theatre No.08. The patient was induced General Anaesthesia around 9.20 am and she was operated upon (Wide Excision of Soft Tissue Sarcoma). On completion of surgery the anesthesia was reversed and the patient was moved to the Main Recovery Ward at around 2.00 p.m. In the Recovery Ward she was observed and was later shifted to Female Ward (76 bedded, open, general ward) at around 6:00 pm.
   During the entire peri-operative period she was monitored by the Operation Theatre & ICU Staff (both male and female). The findings of the Internal Fact Finding Committee, Surgical & Anesthesia Records which are enclosed as Annexure-I substantiate this fact.
   
   
4. December 11, 2006
   She underwent a Reconstruction Surgery by Plastic Surgeons under General Anaesthesia after giving full informed consent in the same Operation Theatre No.08 with post-operative Recovery procedure.
   
   
5. December 22, 2006
   She was discharged from the Hospital with an advice to follow up on December 26, 2006 for suture removal
   
   
6. December 26, 2006
   She was reviewed in the OPD and her sutures were removed and she was asked to follow up after 2 weeks.
   
   
7. March 2, 2007
   Miss NMS did not keep her appointment as advised and reported on this day. She was examined and recurrence of the tumour was noted. Further, a lump in the lower abdomen was noticed. The doctors also noticed a lump in the abdomen and a history of Amenorrhea (missing menstrual periods) was elicited. The patient was referred to the Gynecology Unit to rule out pregnancy.
   
   
8. March 29, 2007
   As requested by the Gynecology Unit an Ultrasound was performed and the findings revealed a single live fetus (24 weeks duration)
   Given the advanced stage of the disease, Palliation in the form of Radiotherapy was contemplated but could not be carried out due to the presence of a live fetus. Consequently the patient was referred to Wadia Hospital for opinion and obstetric management.
   
   
9. April 06, 2007
   Ultrasonography carried out at Wadia Hospital confirmed the presence of a live fetus (26 weeks duration).
   
   
10. April 10, 2007
    The doctors of Wadia Hospital re-examined the patient and given the viability of the fetus did not recommend the termination of pregnancy.
    In view of the pregnancy it was decided not to go ahead with Radio-therapy since there was a potential risk of collateral damage to the fetus.
    
    
11. April 12, 2007.
    The case was reviewed and since Radiotherapy was not an option, the doctors of the Pain-Clinic advised oral Non-narcotic Analgesic.
    This was the last interaction between the hospital and the patient prior to the complaint.
    
    
12. April 14, 2007
    It is learnt that the patient lodged a complaint with Bhoiwada Police Station alleging that she was sexually assaulted during the day of surgery on November 20, 2006 in Tata Memorial Hospital.

Issues pertaining to the Alleged Sexual Assault:-

1. April 10, 2007 (Tuesday)
   Miss NMS's parents approached the administration at Tata Memorial Hospital and complained verbally alleging that Miss MNS was sexually assaulted by ward-boys in the Operation Theatre of our hospital on the day of surgery i.e on November 20, 2006, and that her pregnancy was the direct result of this sexual assault. This was the first time that any such complaint was made to the hospital authorities.
   
   The parents were counseled that given the grave nature of the allegation a written complaint is required to be lodged with appropriate authorities to facilitate further action.
   
   The parents did not lodge a written complaint with TMH till date.
   
   
2. April 14, 2007 (Saturday)
   In the morning persons belonging to TV Channel IBN7 created commotion in the Reception area of the Medical Superintendent's Office, wanting a statement on the alleged rape in our hospital. It was made clear to this Channel that the appropriate authorities will clarify the matter after ascertaining and analyzing the facts of the matter.
   
   In the evening the Bhoiwada Police contacted our hospital authorities and acknowledged that a complaint of sexual assault has been lodged and they had to take custody of the patient's Case File. The patient's Case File in original was handed over to the Police on a written request.
   
   The electronic media were found to be filming the hospital premises at night.
   
   
3. April 15, 2007 (Sunday)
   The electronic media (IBN7, Sahara TV, etc) in the morning started telecasting "Breaking & Exclusive" news stating that a young cancer patient has been raped at Tata Memorial Hospital and raised issues incriminating the hospital. The electronic media did not choose to clarify the matter with the hospital authorities.
   
   This was followed by demonstrations in the afternoon orchestrated by the political parties viz.
   
          · Shiv Sena lead by Hon'ble Member of Parliament Shri. Mohan Rawale
            and Hon'ble MLA Shri. Dagdu Sakpal.
         · Maharastra Nav Nirman Sena
         · The Republican Party of India lead by Mr. Abhijeet Mashelkar, SEO
   
   The representatives of the Political Parties along with their supporters met with the Chief Administrative Officer and demanded immediate action against the hospital staff and threatened to prevent the hospital from functioning if their demands are not complied with.
   
   The above commotion commenced around 13:00 hrs and lasted till night 9:00 p.m. Intervention of the local police was sought to control the situation. The electronic media was continuously filming this commotion and telecasting it live. This coverage was sullying the image of the hospital continuously and encouraged more people to join in the commotion. The electronic media had pre-judged the Institution to be guilty and were tailoring the reports accordingly
   
   The Hospital Administration then called a Press Conference and clarified issues raised by the press including some which had no bearing or relevance to the alleged issue.
   
   
4. April 16, 2007 (Monday)
   The print media viz.,.Times of India, Indian Express etc., both English, Hindi, Marathi, Gujarathi, etc. carried their own stories and versions with striking headlines. Some of the versions incorporated the clarification provided by the hospital in the press conference on the previous day. Nevertheless, some of the articles which appeared in the press has sullied the image of the hospital

   The Bhoiwada Police as a part of their investigations during the day recorded statements from the Doctors, Nurses, Ward-Boys and other employees who were concerned with the care of the patient.

   The issue of sexual assault was raised in the Maharashtra Legislative Assembly asking for speedy trial of the case. The Hon'ble Deputy Chief Minister Mr. R.R. Patil was reported to have told the Legislative Assembly that "there was a discrepancy of more than a month between the date of conception as shown by Medical Reports and the date on which the victim alleged she was raped in the Hospital".
   
   An internal Fact Finding Committee comprising of Clinicians, Administrators and NGO was appointed to probe the circumstances in which the alleged incident occurred. This Committee has since submitted a report which is appended as Annexure-I. This Committee does not find any merit in the allegation of sexual assault given the prevailing circumstances on that day.

5. April 17 & 18, 2007 (Tuesday & Wednesday)
   The newspapers have since reported that the Police have apprehended a youth who has confessed to have had an illicit relation with the patient. The newspapers have also reported that the Police has given a "Clean Chit" to the hospital and absolved the hospital of any wrong doing. However, we have no official communication to that effect as of date.

In conclusion we are deeply saddened by the turn of events and even though we have been exonerated of any wrong doing the image of the Institution has taken a severe beating.

There has been a groundswell of support amongst our staff, patients and well wishers of the Institution who have suggested that remedial action including legal options be exercised to restore the image of the Institution.

Tata Memorial Hospital

Annexure-I

Part II: Findings of the Committee

1. Ms NMS, a case of Soft Tissue Sarcoma was scheduled for surgery on 20 Nov 2006. At about 9.00 a.m. accompanied by the ward sister and ayabai the patient was sent from the Female Ward to the Operation Theatre Complex and handed over to the Sister on Duty.
   
   
2. In the OT 'holding area' she was in the presence of 3 other patients due for Surgery and in the presence of OT Clerk Ms CNS.
   
   
3. At about 9.15 a.m. she was wheeled into OT 8 by Dr Ms AB and Dr BC and Mr CD, OT Ward Boy.
   
   
4. The surgical procedure was performed as standard with the complete OT team including lady Doctors and Nurses in attendance in the suite. She was reversed at 1.45 p.m.
   
   
5. The patient Ms NMS was transferred to the ICU Recovery after successful reversal of anaesthesia in the presence of Dr AB and handed over to the ICU Recovery Sister and received at 2.00 p.m.
   
   
6. The patient had uneventful post op period and was shifted to the Female Ward at about 6.30 p.m. on
   20 November 2006.
   
   
7. Patient was on bed 42 of the female ward which is in direct and continuous view of atleast 15 other beds which were occupied through out the said patients stay in the hospital.
   
   
8. Two distinct USG showed 24 weeks and 25.5 weeks foetus in the last week of March and second week April respectively. Wadia Hospital obstetrics unit has noted the last menstrual period on 7th October 2006.

Part III : Opinion of the Committee

1. The patient Ms NMS underwent surgery for Soft Tissue Sarcoma under standard conditions on 20 November 2006.
   
   
2. The patient went through the normal processes and procedures through the day of the surgery always attended by at least one lady attendant.
   
   
3. There is no reason to believe that the patient was at any stage in a situation where she could have been a victim of any indecent or sexual assault. The committee strongly feels that the allegations are not sustainable in the present working of the ward, transit, operating theatres and recovery ward especially on a busy Monday morning/ afternoon as on 20th Nov 2006.
   
   
4. The USG examination at TMH and Wadia and the notes from Wadia hospital confirm the age of the foetus such that the conception should have occurred somewhere in early-mid October 2006.

Date: 16 Apr 2007