The infant died due to an infection at a nursing home after battling for life for almost a week - which jolted the entire family, which was demanding the arrest of erring doctors.
"The preliminary report has found them guilty in certain aspects and the final report is expected in next two days".
The baby and his twin sister were born at the hospital on November 30.
The hospital handed the twins to the family in a polythene sac, however, the boy was found alive while the parents were on the way to crematorium for performing last rites. The baby had been battling for life for almost a week. His wife is still admitted at the Max Hospital. "On November 30, the baby was brought to the centre and were able to maintain his vitals for a few days".
Max Healthcare authorities today released a statement saying, "We just learnt of the sad demise of the 23-week preterm baby, who was on ventilator support".
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Deputy Commissioner of police (northwest) Delhi, Aslam Khan, confirmed the news and told the Press Trust of India that the baby died on Tuesday evening. However, Kumar has refused to take the body of his child, in an act of protest and demanded that the doctors of Max Hospital allegedly involved in the "medical negligence" in the case be arrested.
Delhi police said they had collected hospital records for the mother and treatment records for the newborn babies.
"At the hospital we were told that one twin was stillborn while the other died later as his condition was critical". But the infant's father, Ashish Kumar, said on Wednesday that he would not take the child's body until the doctors were arrested, PTI reported. "We wish them the strength to cope with their loss", the statement read. The committee will submit its final report to Delhi Health Minister Satyendra Jain later this week. In its initial report, the penal has found the hospital and doctors guilty.
Max Hospital had earlier terminated the services of two doctors - Dr A.P. Mehta and Dr Vishal Gupta - who were allegedly involved in the case.