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Pay Rs 4 lakh compensation to four victims of medical negligence, NHRC tells Maha

All the four verdicts came again

Maharashtra in which compensation varying from Rs 50,000 to Rs 2 lakh was directed.

Updated: Jan 7, 2016, 3:35 In a landmark fast-track decision, the National Human Rights Commission in its first hearing, on Wednesday, directed Maharashtra government to provide Rs 4 lakh compensation to four patients who became victims of medical negligence at government hospitals. All the four verdicts came against state public health department of Maharashtra in which compensation varying from Rs 50,000 to Rs 2 lakh was directed during the public hearing held at Tata Institute of Social Sciences. There were 103 cases lined up from Gujarat and Rajasthan cases, compensation was ordered in two and five cases respectively. Labourer Suresh Naik (26) is jobless but a sense of justice rides upon him now. He suffered a crushed feet in March last year aTaloda. He was immediately admitted at Taloda subdistrict hospital and referred to Nandurbar district hospital for treatment on March 25. “For four days, his band-aid was changed only twice. No infection control was carried out,” said Ranjana Kandhere, who presented his case to NHRC. On March 27, due to gangrene, Naik’s right lehospital. The amount of Rs 4,000 spent on blood units coupled with loss of employment forced his mother to start working The NHRC bench comprising Justice Cyriac Joseph observed gross negligence in treatment of Naik and ordered government of Maharashtra to pay a compensation of Rs 2 lakh and also provide a prosthetic limb to him.

Pay Rs 4 lakh compensation to four victims of medical negligence, NHRC tells Maha govt

All the four verdicts came against state public health department of

Maharashtra in which compensation varying from Rs 50,000 to Rs 2 lakh

5

track decision, the National Human Rights Commission in its first hearing, on Wednesday, directed Maharashtra government to provide Rs 4 lakh compensation to four patients who became victims of medical negligence at government hospitals.

All the four verdicts came against state public health department of Maharashtra in which compensation varying from Rs 50,000 to Rs 2 lakh was directed during the public hearing held at Tata Institute of Social Sciences. There were 103 cases lined up from Maharashtra, Rajasthan and Gujarat. In Gujarat and Rajasthan cases, compensation was ordered in two and five cases

Labourer Suresh Naik (26) is jobless but a sense of justice rides upon him now. He suffered a crushed feet in March last year after a truck ran over him in Taloda. He was immediately admitted at Taloda subdistrict hospital and referred to Nandurbar district hospital for treatment on March 25.

aid was changed only twice. No infection control was ,” said Ranjana Kandhere, who presented his case to NHRC.

On March 27, due to gangrene, Naik’s right leg was amputated at the district hospital. The amount of Rs 4,000 spent on blood units coupled with loss of employment forced his mother to start working in a farm in Nandurbar.

The NHRC bench comprising Justice Cyriac Joseph observed gross negligence in treatment of Naik and ordered government of Maharashtra to pay a compensation of Rs 2 lakh and also provide a prosthetic limb to him.

Pay Rs 4 lakh compensation to four victims of govt.

st state public health department of

Maharashtra in which compensation varying from Rs 50,000 to Rs 2 lakh

track decision, the National Human Rights Commission in its first hearing, on Wednesday, directed Maharashtra government to provide Rs 4 lakh compensation to four patients who became victims of medical

All the four verdicts came against state public health department of Maharashtra in which compensation varying from Rs 50,000 to Rs 2 lakh was directed during the public hearing held at Tata Institute of Social Sciences.

Maharashtra, Rajasthan and Gujarat. In Gujarat and Rajasthan cases, compensation was ordered in two and five cases

Labourer Suresh Naik (26) is jobless but a sense of justice rides upon him now. fter a truck ran over him in

Taloda. He was immediately admitted at Taloda subdistrict hospital and referred to Nandurbar district hospital for treatment on March 25.

aid was changed only twice. No infection control was ,” said Ranjana Kandhere, who presented his case to NHRC.

was amputated at the district hospital. The amount of Rs 4,000 spent on blood units coupled with loss of

in a farm in Nandurbar.

The NHRC bench comprising Justice Cyriac Joseph observed gross negligence in treatment of Naik and ordered government of Maharashtra to pay a compensation of Rs 2 lakh and also provide a prosthetic limb to him. The

NHRC hearings brought to the fore the need to upgrade services in rural hospitals. All the compensation cases directed by NHRC concerned rural, civil or sub district hospitals. Like Naik, Sheetal Bankar (24) was offered compensation of Rs 1 lakh for wrongly receiving treatment for HIV infection that she never contracted. According to Bankar’s husband, Raju Bankar, his pregnant wife was taken to Indapur sub district hospital on August 23 last year where three tests conducted on her showed she was H1N1 positive. She was asked to seek treatment in a tertiary center. “We went to several private doctors. Initially we were told that she is hepatitis B positive. We never knew her reports stated she had HIV,” Raju, a farmer, said. Bankar was finally given admission at Sassoon hospital, Pune, where she delivered a boy on September 6. She was put on anti retroviral treatment for HIV without her knowledge on September 4. “For four days she was on ART treatment,” her husband claimed. The new born baby was also given ART treatment for two days without testing him.“I came to know she was on ART when the doctor gave me her medicine,” Raju said. On his insistence, when the hospital conducted a repeat test, they found she did not suffer from HIV infection and that the referral reports were wrong. “The patient has been denied her right for treatment in several hospitals because her reports wrongly stated she had HIV. The state government is directed to pay a compensation of Rs one lakh,” Justice Joseph observed.

National Human Rights Commission panel slams Maharashtra, wants victims compensated

Thursday, 7th January, 2016

Suresh Dharamdas Naik (25) lost his right limb to gross medical negligence after a minor accident in March 2015. On Wednesday, giving literal meaning to fast-track justice, the National Human Rights Commission (NHRC) gave Naik and several other victims a ray of hope.

The commission, in a public hearing at Tata Institute of Social Sciences (TISS), held officials of Nandurbar civil hospital guilty of 'gross medical negligence' which led to the loss of Naik's limb. The commission has asked the state to bear the cost of Naik's artificial limb and also to give him a compensation of Rs2 lakh for his mental agony. Naik was reportedly operated a week after he met with the accident that had cut through his artery. He was not bandaged every day and that led to the infection spreading beyond control. Besides, despite being a tribal with a BPL card, Naik was illegally charged Rs1,050 for three bottles of blood.

The story of Sheetal (23) from Sholapur is no less traumatic. She was declared HIV positive in her ninth month of pregnancy and was referred to a bigger hospital by the sub-district hospital at Indrapur. She was admitted to Sassoon hospital in Sholapur. Here she delivered a baby boy and soon both mother and the baby were being treated for HIV on the basis of the reports. Fortunately, the error in the reports was spotted by a doctor. Sheetal's reports were accidentally exchanged with an HIV positive patient by the lab technician.

Finding it a case of "gross mental agony and distress", the bench comprising acting chairman of NHRC justice Cyriac Joseph and MHRC chairperson SR Bannurmath asked the state government to give Rs1 lakh compensation to the victims.

The day-long hearing, which largely comprised cases of rural Maharashtra, highlighted the dismissal condition of health services.

In a case, which NHRC could not take up due to jurisdiction issues, a healthy infant was allegedly reported dead after the administration of a vaccine at the local primary health centre in Yavatmal. Complainant Ganesh Pawar said his child got high fever after the vaccination and when he rushed it to the primary health cetntre at 7.30pm, he found it to be closed. The case, however, was older than a year and hence NHRC could not take action against the authorities.

Similarly, another case wherein the complainant lost her right hand allegedly due to medical negligence at Bhabha hospital in Bandra while getting saline administered, did not reach its logical conclusion due to lack of jurisdiction.

In another case from Pune, the commissioner summoned for degrees and experience certificates of all the doctors and support staff after the victim claimed that her husband died of H1N1 infection as inexperienced and under-qualified doctors attended to him.

Doctors oppose NHRC's public hearing on health care rights

Thursday, 7th January, 2016

While the National Human Rights Commission (NHRC) is holding a two-day 'Public Hearing on Right to Healthcare' for the states of Gujarat, Maharashtra, Rajasthan, Goa and the Union Territories of Daman & Diu and Dadra & Nagar Haveli at Tata Institute of Social Sciences (TISS) in Deonar, doctors' groups are opposing it saying Medical Council of India is there to look after medical negligence cases.

The main objective of the public hearing is to hear complaints of human rights violations in both public and private healthcare services in the presence of central and state government functionaries concerned and Jan Swasthya Abhiyan and to review key systemic and policy-related issues in order to formulate recommendations to ensure protection of health rights of the people in the country.

"This is a retrograde step and will further damage doctor-patient relationship. NHRC has no legal mandate to hold public hearings for alleged individual medical negligence cases. NHRC is a legally constituted body and it can hear individual cases related only to healthcare problem and human right violations," said Dr Arun Bal, president of Association for Consumers Action on Safety & Health (ACASH).

He said that medical negligence is a complex issue and cannot be settled by holding public hearing. "Alleged medical negligence by an individual doctor is by no stretch of imagination a human right violation. Holding public hearing and calling individual patients to tell their stories is akin to Khap Panchayat. JSA is indulging in publicity stunt. It would be worthwhile to find out what JSA has done constructively to reduce litigation and help patients settle cases," said Dr Bal.

On the opening day, 106 cases — 56 from Maharashtra, 30 from Gujarat and 20 from Rajasthan — shall be taken up for hearing in three benches to be presided over by acting chairperson justice Cyriac Joseph and members justice D Murugesan and SC Sinha.

The Maharashtra Association of Resident Doctors (MARD) said this will only worsen doctor-patient relationship and will promote defensive practice by doctors. They said that it will force doctors to order unnecessary tests to be

sure, for which, again, doctors will be blamed. According to them, the cases filed on basis of anxiety of patients should be evaluated by medical experts.

"Why should NHRC or an NGO interfere in this? Medical negligence cases should be looked after by somebody who understands the nuances of medicine totally. This will only create a platform for people to make a business out of extortion of doctors. Rather, Maharashtra Medical Council (MMC) should fast track the cases of negligence. MMC has medical experts that know the exact reality and the proper authority to deal with this," said Dr Sagar Mundada, president of MARD.

NHRC begins hearing patients' complaints against hospitalsPress Trust of India | Mumbai For the first time, the National Human Rights Commission (NHRC) here today started hearing complaints filed by patients against private and government hospitals. The two-day hearing begun at the Tata Institute of Social Sciences (TISS) in suburban Deonar here. Acting Chairperson of NHRCchairpersons of human rights panels of the four statesRajasthan-- were also present to put forth the cases filed with them. Terming it as the "most unforgettable day in the history of human rights", advocate Kamayani Mahabal, a senior associate of Jan Swasthya Abhiyan (JSA), which organised the hearing, said this exercise would pave the way for protection of human rights in futur "Almost 30 cases were heard by the chairperson by this afternoon itself. He personally talked to the complainants, listened to their grievances, passed orders and in few cases he also directed monetary compensations," Mahabal added. JSA is the Indian circle of People's Health Movement, a worldwide movement to establish health as a human right, carried out by the civil society organisations. NHRC has planned to hear around 55 cases from Maharashtra, 30 cases each from Gujarat and Rajasthan human right violations by healthcare providers. The event convenor and JSA member Dr Leni Chaudhari said, "This was the first time when the victims of medical negligence, who earlier ran from pillar to post in the hope of justice, finally found it at our doors." NHRC has planned to hold more such hearings in different cities in ear future

NHRC begins hearing patients' complaints against hospitals

Mumbai January 6, 2016 Last Updated at 19:28 IST

For the first time, the National Human Rights Commission (NHRC) here today started hearing complaints filed by patients against private and government hospitals.

day hearing begun at the Tata Institute of Social Sciences (TISS) in suburban

NHRC Justice Cyriac Joseph presided over the heachairpersons of human rights panels of the four states-- Maharashtra, Gujarat

were also present to put forth the cases filed with them.

rming it as the "most unforgettable day in the history of human rights", advocate Kamayani Mahabal, a senior associate of Jan Swasthya Abhiyan (JSA), which organised the hearing, said this exercise would pave the way for protection of human rights in futur

"Almost 30 cases were heard by the chairperson by this afternoon itself. He personally talked to the complainants, listened to their grievances, passed orders and in few cases he also directed monetary compensations," Mahabal added.

n circle of People's Health Movement, a worldwide movement to establish health as a human right, carried out by the civil society organisations.

NHRC has planned to hear around 55 cases from Maharashtra, 30 cases each and 10 cases of alleged medical negligence to ascertain the althcare providers.

The event convenor and JSA member Dr Leni Chaudhari said, "This was the first time when the victims of medical negligence, who earlier ran from pillar to post in the hope of justice,

NHRC has planned to hold more such hearings in different cities in ear future

NHRC begins hearing patients' complaints

January 6, 2016 Last Updated at 19:28 IST

For the first time, the National Human Rights Commission (NHRC) here today started hearing complaints filed by patients against private and government hospitals.

day hearing begun at the Tata Institute of Social Sciences (TISS) in suburban

Justice Cyriac Joseph presided over the hearing, while Maharashtra, Gujarat, Goa and

rming it as the "most unforgettable day in the history of human rights", advocate Kamayani Mahabal, a senior associate of Jan Swasthya Abhiyan (JSA), which organised the hearing, said this exercise would pave the way for protection of human rights in future.

"Almost 30 cases were heard by the chairperson by this afternoon itself. He personally talked to the complainants, listened to their grievances, passed orders and in few cases he

n circle of People's Health Movement, a worldwide movement to establish

NHRC has planned to hear around 55 cases from Maharashtra, 30 cases each and 10 cases of alleged medical negligence to ascertain the

The event convenor and JSA member Dr Leni Chaudhari said, "This was the first time when the victims of medical negligence, who earlier ran from pillar to post in the hope of justice,

NHRC has planned to hold more such hearings in different cities in ear future.

NHRC issues notice to Bihar government over poor state prisons

PTI | Jan 6, 2016, 06.32 PM IST

DELHI: National Human Rights Commission has issued a notice to Bihar government over the reported deplorable conditions prevailing in the prisons of the state.

Taking suo motu cognizance of a media report highlighting an exhaustive report titled 'Prisons of Bihar:- Status Report 2015' prepared by activist and researcher, Smita Chakraburty, the Commission has issued notices to the Chief Secretary and Director General of Prisons, Government of Bihar and asked for a response within four weeks. Smita Chakraburty was assigned the project by Justice VN Sinha, Judge of Patna High Court and Executive Chairman, Bihar State Legal Services Authority and asked to visit all the 58 prisons of Bihar to study the living conditions and submit a report.

"Although it is not oblivious of the ills plaguing the prison system in the country as a whole, the present cover story discloses gross violation of human rights of the prisoners who are under the care and custody of the state," observed the Commission. Reportedly, Chakraburty interviewed as many as 30,070 inmates during the course of her study. The final report was released on November, 15, 2015. The report is stated to be an eye opener and throws light on the denial of basic human rights of prisoners in Bihar and points to the urgent need for prison reforms across the country.

It highlights absence of medical facilities in prisons, particularly for women, bias against terror accused and under trials by denying them even the copies of charge sheets of the cases against them. Instances of forced labour by under trials which is punishable under IPC and need of medical and psychiatric help to the inmates were also underlined in the report. The exhaustive study also brought to the fore issues of punishment of prisoners under the discretionary powers provided by the Prison Manual Rules without supervision by an appellate body. Denial of free legal aid counsel to under trials was also talked about, as it pointed out that very few advocates meet the under trials in the court and they go unrepresented when produced before the Magistrate.

NHRC issues notice to Bihar Govt. over deplorabprisons ANI | Patna January 6, 2016 Last Updated at 15:04 IST

The National Human Rights Commission (NHRC) has issued notice to the Bihar Government over reported deplorable conditions of prisons in the state.

The NHRC took suo motu cognizance of a media report revealing the deplorable conditions prevailing in the prisons of Bihar.

This story is based on an exhaustive report titled 'Prisons of Bihar: Status Report-2015' prepared by Smita Chakraburty, an activist and researcher. She was assigned a project by Justice V.N. Sinha,Executive Chairman, Bihar State Legal Services Authority, to visit all the 58 prisons of Bihar to study the living conditions and submit a report.

The Commission observed that although it is not oblivious of the ills plaguing the prison system in the country as a whole, the prisons are also involved in gross violation of human rights of the pricustody of the state.

Accordingly, it has issued notices to the Chief Secretary and Director General of Prisons, Government of Bihar for factual reports within four weeks.

NHRC issues notice to Bihar Govt. over deplorable conditions of

January 6, 2016 Last Updated at 15:04 IST

Human Rights Commission (NHRC) has issued notice to Government over reported deplorable conditions of prisons in the

took suo motu cognizance of a media report revealing the deplorable in the prisons of Bihar.

This story is based on an exhaustive report titled 'Prisons of Bihar: Status 2015' prepared by Smita Chakraburty, an activist and researcher. She

was assigned a project by Justice V.N. Sinha, Patna High CourtExecutive Chairman, Bihar State Legal Services Authority, to visit all the 58

ihar to study the living conditions and submit a report.

The Commission observed that although it is not oblivious of the ills plaguing the prison system in the country as a whole, the prisons are also involved in gross violation of human rights of the prisoners that are under the care and

Accordingly, it has issued notices to the Chief Secretary and Director General of Prisons, Government of Bihar for factual reports within four weeks.

le conditions of

Human Rights Commission (NHRC) has issued notice to Government over reported deplorable conditions of prisons in the

took suo motu cognizance of a media report revealing the deplorable

This story is based on an exhaustive report titled 'Prisons of Bihar: Status 2015' prepared by Smita Chakraburty, an activist and researcher. She

Court Judge and Executive Chairman, Bihar State Legal Services Authority, to visit all the 58

ihar to study the living conditions and submit a report.

The Commission observed that although it is not oblivious of the ills plaguing the prison system in the country as a whole, the prisons are also involved in

soners that are under the care and

Accordingly, it has issued notices to the Chief Secretary and Director General of Prisons, Government of Bihar for factual reports within four weeks.

Woman returns unheard from NHRC NHRC refuses to pass directives against private hospitals,of its purview.

Published:Jan 7, 2016, 3:2

FOR Ranjeeta Dubey (37), the plea to get justice for her brainremained unheard. On Wednesday, when the National Human Rights Commission (NHRC) began its hearing of medical negligence cases, the board refrained from taking decision in cases against private hospitals, realising it had little jurisdiction in directly tackling such cases. About 26 cases regarding private hospitals went either unhbut no decision was taken. This is the first time NHRC, in collaboration with the NGO Jan Swasthya Abhiyaan, has organised a nationwide public hearing for patients. While in 2004, a similar hearing was organised, this time NHRC was suppocases against private hospital as well. However, the bench headed by Justice Cyriac Joseph, Justice D Murugesan and SC Sinha had to refrain from directing private institutes from paying any compensation.

Woman returns unheard from NHRC hearing

NHRC refuses to pass directives against private hospitals, bench says out

Published:Jan 7, 2016, 3:27

FOR Ranjeeta Dubey (37), the plea to get justice for her brain-remained unheard. On Wednesday, when the National Human Rights

RC) began its hearing of medical negligence cases, the board refrained from taking decision in cases against private hospitals, realising it had little jurisdiction in directly tackling such cases.

About 26 cases regarding private hospitals went either unheard or were heard but no decision was taken.

This is the first time NHRC, in collaboration with the NGO Jan Swasthya Abhiyaan, has organised a nationwide public hearing for patients. While in 2004, a similar hearing was organised, this time NHRC was suppocases against private hospital as well. However, the bench headed by Justice Cyriac Joseph, Justice D Murugesan and SC Sinha had to refrain from directing private institutes from paying any compensation.

hearing

bench says out

-damaged son remained unheard. On Wednesday, when the National Human Rights

RC) began its hearing of medical negligence cases, the board refrained from taking decision in cases against private hospitals, realising it

eard or were heard

This is the first time NHRC, in collaboration with the NGO Jan Swasthya Abhiyaan, has organised a nationwide public hearing for patients. While in 2004, a similar hearing was organised, this time NHRC was supposed to hear cases against private hospital as well. However, the bench headed by Justice Cyriac Joseph, Justice D Murugesan and SC Sinha had to refrain from

Dubey delivered a critical baby on the night of November 16, 2008, who suffered lack of oxygen and sustained damage in 70 per cent of her brain. According to her complaint, her delivery was delayed by several hours at a Kandivali East private hospital which permanently affected the new born. “I was supposed to get medical assistance by Dr Neeta Varte. I went in labour on November 15. I was admitted in hospital on November 16 morning. For whole day, we waited for her to turn up for delivery. The assistant doctors were either not skilled enough or were waiting for her,” Dubey claimed. At 8.15 pm on November 16, she was finally taken to operation theatre for a caesarean operation. The gynaecologist was still absent. After a c-section, the baby was immediately sent to Surya Hospital for neonatal care after it was realised a ventilator support would be needed. “We realised our baby was not born normal two days after delivery. The hospital did not inform us,” Dubey says. Her son, Krishna, was kept in ventilator for 19 days. A scar on his forehead continues to baffle parents about the way he was delivered. While Dubey claims, the gynaecologist was out of town and misled the couple that she will be reaching in an hour for delivery, she failed to turn up until night which delayed the delivery. Krishna is now seven years old. On Wednesday, he stood supporting his head by one hand. He cannot walk properly. The couple spends over Rs 40,000 for his monthly medication. The mother has quit her job to look after him. They have neither filed a police complaint in last six years nor approached the Maharashtra Medical Council. On Wednesday, however, they hoped NHRC would give them a hearing. Her case was not heard afterall. Speaking about the cases against private hospital, Dr Abhay Shukla, from Jan Swasthya Abhiyaan said, “We conducted a separate session with NHRC on private cases. The bench knew private cases would be lined up. We suspect lack of jurisdiction forced them against hearing these cases.” At one hearing, Abhijeet More from Jan Swasthya Abhiyaan requested the bench, “Patients in private hospitals are also facing negligence. Through their case, the situation in private hospital will come out in open.” To which Justice Joseph said, “Our hands are tied. We do not have the jurisdiction to take action.” After heated arguments from patients arose, Justice Joseph said, “We can only use our powers bound within the act. Anything beyond does not come under our purview.” Like Dubey, Poonam Chand had a case against a private hospital in Rajasthan. What was allegedly supposed to be a half an hour surgery to remove stones continued for several hours during which the doctors allegedly attempted to remove his kidney. “I travelled to several other hospitals. I was finally operated in Gujarat’s private hospital,” he said.

With a plastic bag full of medical documents, Chand presented his case infront of NHRC bench. “They heard my case but said they cannot take any decision in case of a private hospital,” he says. He had travelled from Rajasthan to Mumbai on Wednesday after preparing for the case for over a month. “I have no money for lawyer. But I think I will have to file a court case with loans,” a grave Chand says as he makes an exit. By night after three patients from Mumbai waited for a whole day for their chance to be heard, they were told by the bench to approach the High Court.