For over a year now, 52-year-old Lalman Gupta has been running from one office to another, writing letters, filing complaints, and seeking help from authorities. His mission? Justice for his 27-year-old son, Rupesh Gupta, who he says died due to medical negligence at a private hospital in Vasai West – Breath Care Hospital.
Rupesh was a software engineer — young, full of life, and had a promising future. But on the night of March 18, 2024, he began experiencing serious breathing issues. His family immediately rushed him to Breath Care Hospital around 11:30 pm. That’s where things, according to his father, began to go wrong.
“The Pulmonologist Wasn’t Even There”
According to Lalman, the hospital’s designated chest specialist, Dr Dharmendra Dubey, did not even visit the hospital while his son lay in critical condition in the ICU. “They charged us ₹2,500 as consultation fees for a doctor who never even saw my son,” Lalman said, visibly angry and heartbroken.
Instead of a qualified MD or MBBS doctor, two BAMS (Bachelor of Ayurvedic Medicine and Surgery) practitioners — one of them reportedly still a student — were assigned to treat Rupesh. Lalman points out that this is not just a minor oversight but a serious legal violation.
“As per the law, only MBBS doctors can treat ICU patients,” he said. “Allowing unqualified and unregistered practitioners to handle a critical case is not just careless — it’s criminal.”
He added that neither Dr Avdhesh Yadav nor Dr Ritesh Vishwakarma, who attended to his son, were registered with the Maharashtra Council of Indian Medicine. “They were not authorized to be there, let alone handle a case as serious as my son’s.”
A Mysterious Emergency and Delayed Transfer
Rupesh died the next morning, on March 19. But Lalman says the hospital tried to cover up the incident. “They made it look like he was still alive. They put him in a wheelchair without oxygen and rushed him to another hospital.”
Lalman questions why there was no oxygen if his son was still alive, and why it took nearly two hours for the hospital to arrange an ambulance. By the time Rupesh was finally admitted to the second hospital, he was declared “brought dead.”
“They removed the oxygen to fake an emergency transfer,” Lalman claims. “It was all just to escape responsibility.”
Police Action, But Too Little Too Late?
After several months of pursuing the case, an FIR was finally filed against Dr Dharmendra Dubey on January 14, 2025 — almost ten months after Rupesh’s death. The complaint was lodged under Section 304 of the Indian Penal Code, which pertains to culpable homicide not amounting to murder.
The Manikpur Police confirmed that Dr Dubey had not been present at the hospital during Rupesh’s admission and that the treatment was handled by unqualified doctors. They also noted that this was not the first complaint against Dr Dubey — a similar case had reportedly been filed against him in 2022.
Despite the FIR, Dr Dubey was granted bail. Lalman has since approached the court asking for the bail to be cancelled.
“He runs four hospitals,” said one investigating officer, “in Vasai, Nalasopara, Bhayandar, and Mira Road. We’ve already informed the Vasai-Virar City Municipal Corporation (VVCMC) about the doctor’s past record.”
No Action from Civic Authorities
One of Lalman’s biggest frustrations has been the inaction from the VVCMC, the local civic body. “They haven’t done anything concrete,” he says. “The only thing they’ve done so far is bar the hospital from admitting new patients — and that too temporarily.”
He shared a document from July 5, 2024, where the District Health Officer of Palghar wrote to VVCMC saying that Breath Care Hospital came under their jurisdiction and they were responsible for investigating the case. But till now, no inquiry has been initiated.
“All they’ve done is toss me from one department to another,” Lalman said. “Nobody wants to take responsibility.”
“This Looks Like a Medical Mafia”
Lalman is now openly questioning whether there is a larger network of corruption and cover-up at play.
“Why are complaints like mine taking so long to act upon?” he asked. “It feels like there’s a medical mafia at work. Hospitals, doctors, and even officials — it seems like they’re all protecting each other.”
His fear is not just personal — it’s about how many more people could suffer if this continues unchecked. “If my son, who was educated and had a bright future, could die like this, what about others?”
What the Hospital Has to Say
Dr Dharmendra Dubey, who owns Breath Care Hospital, defends his actions. He said he was under the weather on the night of Rupesh’s admission and couldn’t come in person, but remained in touch with the resident doctor.
He also said that he had advised the family to shift Rupesh to a bigger hospital due to the severity of his condition — a decision the family agreed to in writing. According to Dr Dubey, the patient’s prior health condition, including bilateral lung damage, was critical even before he arrived at the hospital.
“He had ignored advice for urgent admission 20 days prior,” said Dr Dubey. “His CT scan and post-mortem report confirmed bilateral pneumonitis.”
Dr Dubey added that he never billed for his consultation and that pending dues were not even discussed. However, Lalman maintains that he was charged for services that were never provided.
What Happens Now?
Dr Bhakti Choudhary, the Medical Officer of Health at VVCMC, said they have taken the initial step of barring new patient admissions at Breath Care Hospital. But she explained that the hospital’s license can only be cancelled if there’s a directive from the court, the police, or the civil surgeon.
“This is a case of medical negligence, and it falls under the civil surgeon’s jurisdiction,” she said.
For now, Lalman Gupta continues his lonely fight. It’s been 14 months since his son died, and all he’s received are reassurances, paperwork, and closed doors.
“I just want justice for my son,” he said, softly but firmly. “Nothing can bring him back. But if I can prevent another parent from going through this, then maybe, just maybe, his death won’t have been in vain.”
