Stillbirth due to treatment delay- TN Govt to pay Rs 5 lakh compensation

It was also alleged that there was a delay in transferring the patient to a higher medical facility, as the health worker allegedly compelled the complainant to clean the blood-stained floor and bed before boarding the ambulance.

On the other hand, the Medical Officer at the PHC, Dr. V Varadaraj, and auxiliary nurse midwife (ANM) Prabavathi denied instructing the complainant to clean the blood stains. They also denied negligence and claimed that there was a timely medical response and referral to a higher facility.

After taking note of the submissions by both parties, the Commission found that the delay in shifting the patient contributed to the death of the baby. In its order, the SHRC observed, "It was established that a worker, Muthulakshmi, was responsible for instructing the complainant to clean the delivery area, which caused the delay. The worker was later dismissed from service on Nov 6, 2022."

Further, the Commission noted that the Director of Public Health and Preventive Medicine failed to include critical documents, including statements from the victim, in the inquiry report submitted to the Commission.

Even though the Commission dismissed the complaint against the medical officer and the ANM on duty for lack of direct evidence, the SHRC held the Government liable and ordered the relief for violation of the fundamental right to timely medical care under Article 21 of the Constitution.

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