Govt Hospital fined Rs 5 lakh compensation for negligence

Vellore: Holding the Government Hospital in Gudiyatham negligent in treating a pregnant woman, who lost the foetus in her womb, the Tamil Nadu State Human Rigts Commission (SHRC) has directed the State Government to pay Rs 5 lakh as compensation.

Such a direction was given by the Commission member D Jayachandran after it was noted by the Commission that if the hospital would have performed the Caesarean Section operation on time, the foetus would not be dead.

Apart from slamming the compensation, the SHRC has also directed the State Government for instructing all the Heads of the Departments for ensuring that medicines, injections and medical equipment including scan machines and 108 ambulance services are available in all the government hospitals on 24x7 basis.

The pregnant woman had approached the Government Hospital with labour pain. As per the latest media report by the New Indian Express, the alleging negligence against the hospital, the complainant woman alleged that there were no available beds at the hospital and therefore, she was made to sit on the floor. 

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In fact, due to the absence of doctors, the complainant had been attended by nurses. Later, she had to be taken to a hospital in Vellore. However, due to delay in admission, she lost her baby, adds New Indian Express.

While considering the plea, the State Human Rights Commission held that there was proven medical negligence on the part of the government doctor and the Commission was quoted noting by TOI, "...it is categorically proved that there was medical negligence on the part of the hospital authorities; viz, medical officers and nurses of the government hospital, Gudiyatham. The death of the foetus of the complainant caused irreparable loss and much mental agony to her and her family members. Therefore, considering the pathetic situation and also on humanitarian grounds, on behalf of the respondents (director and joint director of medical and rural health services and Gudiyatham government hospital medical officer), the Tamil Nadu government is vicariously liable to pay a compensation to the complainant (S Logeswari). Hence, this commission is of the opinion that a sum of Rs 5 lakh should be awarded to her."

Besides, the Commission also took note of the fact that the Government facility lacked proper medical equipment, ambulance facility and medicines and the complainant was asked to buy medicines and injections from a private shop.

Referring to several judgments of the Apex Court and High Courts, the Commission also pointed out that doctors, whether belonging to a government or private medical facility, is professionally obliged to apply their expertise for protecting lives.

"No law or state action can intervene to avoid/ delay the discharge of the paramount obligation cast upon members of the medical profession. The obligation being total, absolute and paramount, laws of procedure whether in statutes or otherwise which would interfere with the discharge of this obligation cannot be sustained and must, therefore, give way," the commission noted at this outset.

Further reiterating the fact that Article 21 of the Indian Constitution guarantees fundamental right to life, the Commission observed, "Right to life guaranteed in any civilised society implies the right to food, water, decent environment, education, medical care and shelter. These are basic human rights known to any civilised society. All civil, political, social and cultural rights enshrined in the Universal Declaration of Human Rights and Convention or under the Constitution of India cannot be exercised without these basic human rights."

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