Stillbirth due to treatment delay- TN Govt to pay Rs 5 lakh compensation
TN Govt Asked to pay Rs 5 L Compensation
Chennai: The State Human Rights Commission (SHRC) has directed the Tamil Nadu Government to pay Rs 5 lakh compensation to a woman who delivered a stillborn baby due to allegedly delayed medical treatment at Murukkeri Primary Health Centre (PHC) in Villupuram.
Apart from asking the State Government to compensate the woman, the SHRC member V Kannadasan has also recommended that the Government increase the number of doctors, nurses, and medical staff in PHCs, especially in rural areas, and improve ambulance services with a focus on maternal care.
The direction from the Human Rights Commission comes after a complaint was filed regarding the case by the woman's (patient) mother, who alleged medical negligence and inhumane treatment at the PHC, leading to the stillbirth of her daughter's baby.
As per the latest media report by the Times of India, it was mentioned in the complaint that back in 2021, the patient was eight months pregnant when she experienced heavy bleeding and was admitted to the PHC on April 26, 2021. During the treatment at the PHC, she contracted COVID-19 and experienced severe physical and mental distress.
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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