Death After BSMMU Surgery: Two years gone just to file case

Rafique Sikder, a filmmaker, admitted his 55-year-old ailing mother Rawshan Ara to the capital's Bangabandhu Sheikh Mujib Medical University (BSMMU) for kidney treatment on July 1, 2018.

Doctors at the hospital conducted multiple tests on her and advised removing her left kidney. Rawshan had the operation on September 5 that year, but her condition started worsening fast.

Failing to get an ICU bed at the BSMMU, Rafique took her to a private hospital in the capital and what was revealed there left everybody in shock.

Following diagnosis, doctors found that both of Rawshan's kidneys were missing!

She died soon.

Then began the family's struggle for justice.

Rafique wanted to file a murder case against some doctors at the BSMMU, but police asked to bring the autopsy report first.

It took two years to get the report. The law enforcers then suggested that Rafique file the case with the court.

Shahbagh police, however, registered the case only after the National Human Rights Commission issued a notice on Thursday in this regard.

On Friday, Rafique filed the murder case against BSMMU doctors -- Professor Habibur Rahman Dulal, 55, Associate Professor Faruk Hossain, 48, Dr Mostafa Kamal, 46, Dr Al Mamun, 33, -- and some unnamed others of the public hospital's urology department.

He accused them of removing her mother's right kidney in a "planned manner with an ill intention".

Shahbagh Police Station OC Mamun-or-Rashid told The Daily Star that Rawshan Ara's autopsy was conducted at the forensic department of Dhaka Medical College (DMC). They have received the autopsy report recently.

"We've registered a murder case based on the report," he said.

The autopsy report said the woman died due to damage to all her organs and both her kidneys were surgically removed.

Rafique stated the same in the case statement.

The statement says Rafique first admitted Rawshan to BIHS Hospital in the capital's Mirpur on June 27, 2018, after she felt pain in her left kidney. A doctor there -- Yusuf Ali -- said her right kidney was in normal condition but the left was one "affected".

Rawshan was referred to the BSMMU on July 1, 2018, for better treatment.

On the same day, Dr Dulal, one of the accused, treated her at the public hospital's urology department and she felt better. Two weeks later,  she was discharged and the doctor advised her to conduct further tests.

The test reports came on August 12 that year and those suggested that Rawshan's right kidney was in normal state.

On August 27, BSMMU doctor Syed Sultan called Rafique over phone and told him that they needed to come to the hospital to get his mother's left kidney surgically removed.

On September 5, Dr Dulal, along with three other doctors, conducted a three-hour surgery on Rawshan.

When Rafique went to the post-operative room, a removed kidney was shown to him. Rawshan's condition, however, started deteriorating immediately.  The duty doctor then said she had an acute renal failure. As the ICU beds in the hospital were not empty, the patient was taken to Insaf Barakah Kidney and General Hospital in Moghbazar on the advice of the doctors on duty, said the statement.

After getting further test reports on September 8, Dr Fakhrul Islam, a professor at the urology department of the private hospital, told Rafique, "Your mother has no kidneys."

Dr Fakhrul immediately spoke to BSMMU's Dr Dulal over phone. Dulal advised him to send Rawshan back to the BSMMU, according to the case statement.

As Rafique asked Dulal about it, the physician told him not to "get confused" and that the right kidney became non-functional following the removal of the other one, the statement said.

While Rawshan was fighting for her life, she was taken to BRB Hospital in Panthapath where Dr Abdus Samad, a professor in the nephrology department, re-examined her.

Test reports there also revealed that she had no kidneys. Her body swelled and she was readmitted to the BSMMU.

However, Dr Dulal kept denying that the right kidney was removed.

After the incident came to light and following media reports, Dulal  went to the Film Directors Association on October 1, 2018, and signed an agreement with Rafique. He accepted responsibility for the removal of the right kidney and promised him to transplant a new one, according to the case statement.

"Even after this agreement, Dr Dulal did not take any initiative although Rawshan Ara's sister was ready to donate a kidney. Then on October 31, Rawshan Ara died around 9:45pm at the BSMMU."

A day after her death, Rafique filed a general diary (GD) with the Shahbagh Police Station. Talking to The Daily Star yesterday, Rafique said he went to the police and the DMC forensic department time and again, but to no avail.

"On Thursday, after two years, I got to see a part of the report. But I was yet to get the complete one then," Rafique said.

The Daily Star called BSMMU Prof Dulal over phone for comments on the matter, but his mobile phone was found switched off.

Other accused doctors were not available as well.

Sohel Mahmud, chief of the forensic department of the DMC, didn't receive phone calls despite repeated attempts.

BSMMU Vice-chancellor Kanak Kanti Barua told The Daily Star that they have heard about filing of the case. "We will comment on this after getting the postmortem report," he added.

National Human Rights Commission's Public Relations Officer Farhana Sayeed told The Daily Star the police station registered the case after the commission intervened.

A two-member committee was also formed to investigate the incident, she added.

Asked about the allegations, Shahbagh OC Mamun-or-Rashid said they were investigating the matter.

None of the accused was arrested when this report was filed last night.