Dr Vandana Das Death: Lawyer moves HC seeking Rs 1 crore compensation for Doctor's Family

Kochi: Following the unfortunate demise of Dr Vandana Das, who was brutally stabbed to death by a patient, a lawyer has now approached the Kerala High Court seeking Rs 1 Crore compensation for the bereaved family members of the late doctor.

The 23-year-old house surgeon, Dr Das was attacked by a prisoner who was brought to government taluk hospital in Kottarakkara in Kerala's Kollam district for treatment of his injuries. After being stabbed by the patient with scissors, Dr. Das was immediately taken to a private hospital in Kottarakkara, where she died while undergoing treatment. 

Approaching the High Court Division Bench comprising Justices P.B. Suresh Kumar and P.G. Ajithkumar, the lawyer has contended the tragedy happened due to systemic failure. Further, the petitioner pointed out how the Government has not announced any compensation for the bereaved family of the deceased doctor.

It has been submitted by the petitioner that while the State had earlier given "fabulous amounts" to the families who sustained similar losses, he has been pained by the non-consideration in the case of Dr. Das.

Also Read: Provide Security to all Hospitals to avert Violence Against doctors: Kerala HC directs Police

"Dr. Vandana Das was the only daughter and her death cannot be compensated in terms of money. The doctor's community across the State has been frequently demanding the Government to provide necessary security to doctors in the Hospitals. The physical attack towards doctors has been increasing day by day," the plea mentioned.

As per the latest media report by Live Law, filing the plea, the petitioner has prayed for a direction to the State Government authorities for paying a minimum of Rs 1 crore compensation to the family of the late doctor. He has also prayed to the court for monitoring the investigation in order to ensure that ends of justice are met. Further, the plea prays for issuance of guidelines for providing security to the doctors, nurses, and other staff in Hospitals across the State, along with the provision of armed forces in all casualties of all Government Hospitals across the State.

Medical Dialogues had earlier reported that while considering a similar matter concerning the instances of violence against doctors and also taking cognisance of the unfortunate demise of Dr Vandana Das, the Kerala HC Division bench of Justices Devan Ramachandran and Kauser Edappagath had earlier issued certain directions.

The bench had directed the SPC to evolve sufficient and effective protocols concerning how persons in custody – be that accused or otherwise – are to be presented in hospitals and before medical professionals as part of the criminal justice system or such other.

"As far as the incident in question is concerned, there can be little doubt that the killing of a young doctor by a person who was in custody of the police — be that as an accused or in any other capacity — points at a systemic failure. The Police Officers above were also ad idem that it is the fundamental duty of any officer to guard a citizen, even at the cost of their own lives. The preliminary information that we have, which is gathered from the statements filed on behalf of SPC and others, is that, for some reason, Vandana Das was alone in the observation room at the particular point of time, which opportunity was seized by the accused to repeatedly stab her. This is a gruesome incident, which, as we have already said in our earlier order, should have never happened," the HC bench had earlier observed.

Meanwhile, taking note of the continuous violence against doctors following the unfortunate demise of Dr Vandana Das, the Kerala Government has approved an ordinance aimed at protecting doctors, healthcare workers, and medical students.

The Government ordinance which proposed amendment in Kerala Health Care Service Workers and Health Care Service Institutions (Prevention of Violence and Damage to Property) Act 2012, has prescribed up to seven years of jail for anyone who attacks and causes bodily harm to any healthcare worker or professional. Apart from this, such a person would be liable to pay a fine between Rs one lakh to Rs 5 lakh.

Further, the ordinance mentions that anyone who commits or attempts to commit or incites or inspires an act of violence against healthcare workers or those working in healthcare institutions, shall be punished with imprisonment for a term not less than 6 months and up to 5 years and with a fine between Rs 50,000 to Rs 2 lakh, it said.

Also Read: Seven years of Jail if someone attacks Doctors in Kerala