Despite contrary Expert Opinion, Human Rights Commission holds doctor guilty of negligence, slaps Rs 5 lakh compensation

Guwahati: Disregarding an independent opinion from a specialist in medicine from Gauhati Medical College and Hospital wherein no negligence by charged doctor was found, the state human rights commission has held a Guwahati doctor guilty of negligence and directed him to pay compensation to a deceased patient's family.

Holding him guilty of medical negligence, the Assam Human Rights Commission (AHRC) has asked a city-based doctor to pay compensation of Rs 5 lakh to the family of a deceased patient.

"As such an independent opinion was sought from an expert or specialist in medicine from the Gauhati Medical College and Hospital wherein no negligence by charged doctor was found. But in the absence of proper explanation by the charged officer, the Commission had no alternative but to hold the charged officer, Dr. Ghanashyam Thakuria guilty of medical negligence which resulted in the death of Pinky Das," the AHRC said.

The full bench of AHRC consisting of its Chairman Justice T. Vaiphei, held Dr Ghanashyam Thakuria of Ambari Urban Health Centre, guilty of medical negligence in the death of one Pinky Das and recommended that the doctor should pay the compensation to the family of the deceased within two months' time.

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"As the employer of the charged officer, it is open to the state government to pay the said amount on his behalf and may recover the same from his salary by instalment or otherwise," the commission said in its order.

The AHRC had registered the case on the complaint of one Kamal Das after his wife Pinky Das died. In the complaint, it was alleged that she died after being administered injections and infusion of saline on the advice of Dr. Ghanashyam Thakuria.

"The Commission called for an inquiry report from the Director of Health & FW, Govt. of Assam, wherein it was concluded that there was no medical negligence on the part of Dr. Ghanashyam Thakuria in his treatment of the decease," the order said.

The Commission observed with surprise as to how a patient who, at the time of her examination by the charged doctor was admittedly having back pain only could die, after taking the prescribed drug.

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