NHRC asks Orissa to pay to victim of medical negligence

National Human Rights Commission has recommended that the Orissa government should pay a monetary relief of Rs 5 lakh to a victim of medical negligence four years ago which made her unable to bear children. The Commission has also asked the state government to submit a report on the action taken. "NHRC has recommended a monitory relief of Rs 5 lakh to Binapani Khatua in Orissa in a case of medical negligence due to which she suffered physical pain for four years and now cannot bear children," a NHRC release said. The Commission had started the proceeding in the case relating to the victim in June last year acting on a complaint of an NGO Director Collective Initiative for Social Solidarity (CISS). The victim from Radharampur village of Cuttack district was admitted in Attagarh hospital four years ago for delivery of her first issue. After an operation, a male child was born to her but he died after four days. The complainant later alleged that a scissor was left inside the abdomen of Khatua during the operation by the surgeon concerned due to which the victim suffered terrible abdomen pain. It finally led to removal of her uterus. An x-ray of the victim had found a surgical scissor was lodged in her belly. Terming the incident as a serious case of professional negligence, NHRC issued notice to the Chief District Medical Officer (CDMO) of Cuttack after the complainant approached NHRC for an inquiry and justice for the victim. After going through the report of CDMO, NHRC concluded that the case to be a matter of serious professional negligence and violation of human rights, which was later confirmed in an inquiry, carried out the Chief Medical Officer of Cuttack, the NHRC release said. Later, the NHRC also issued a notice to the Orissa Chief Secretary asking why the Commission should not recommend monetary relief to the victim. It also requested the government to conduct an inquiry into the incident and take action against negligent doctors after which the state government informed NHRC that departmental proceedings were drawn up against two physicians, the Commission's release said. The government, however, stated that no direct responsibility could be attributed for the alleged lapses and pleaded the NHRC to drop the proceedings. The response furnished by the Commissioner cum Secretary of Health and Family Welfare department of the Orissa government was silent about grant of monetary relief to the victim and it did not provide NHRC, a copy of the specialists' team, which it claimed was constituted to conduct the inquiry. Further, the government did not submit the status report of the departmental proceedings against the doctors even after sending a reminder by the NHRC, the Commission said. "When no response was received within the stipulated four weeks... the Commission recommended a monitory relief of Rs 5 lakh to the victim of medical negligence with instructions for submitting a report on the action taken," the Commission added

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