SHRC orders 5L relief for medical negligence
SHRC member V Kannadasan passed the order on a complaint moved by the woman's mother, K Devamani, alleging medical negligence and inhumane treatment at the PHC, which led to the stillbirth of her daughter Subbulakshmi's baby.
According to the complaint, Subbulakshmi, who was eight months pregnant, experienced heavy bleeding and was admitted to the PHC on Apr 26, 2021. She contracted COVID-19 during treatment and experienced severe physical and mental distress.
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She alleged that there was a delay in transferring her to a higher medical facility as a health worker compelled the complainant to clean the blood-stained floor and bed before boarding the ambulance.
Opposing the plea, the PHC's medical officer, Dr K Varadaraj, and auxiliary nurse midwife (ANM) Prabavathi denied instructing the complainant to clean the blood stains. They also denied negligence and emphasised timely medical response and referral to a higher facility.
Recording the submissions, the commission found that delay in shifting the patient contributed to the death of the baby.
"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," SHRC said.
The commission also noted the director of public health and preventive medicine failed to include critical documents, including statements from the victim, in the enquiry report submitted to the commission.
While dismissing the complaint against the medical officer and ANM on duty for lack of direct evidence, SHRC held govt liable and ordered the relief for violation of the fundamental right to timely medical care under Article 21 of Constitution.
SHRC also recommended that govt 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.
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