NHRC recommends rupees five lakh compensation to the victim of a medical negligence

New Delhi, 11th February, 2009

The National Human Rights Commission has recommended a monitory relief of Rs. 5,00,000/- to Mrs. Binapani Khatua of Orissa in a case of medical negligence due to which she suffered physical pain for four years and now cannot bear children. The Commission started the proceeding on 15.06.2007 in the matter on the complaint of Director, Collective Initiation For Social Solidarity (CISS).

The complainant said, Mrs. Binapani Khatua w/o Mr. Pratap Khatua of Radharamur Village under Athagarh Police limit in the District of Cuttack (Orissa) was admitted in Athagarh Hospital four years ago for safe delivery of her first issue. After gaenecological operation a male child was born to her. But he died after four days. The complainant alleged that a surgical scissor was left inside the abdomen of Mrs. Khatua the concerned surgeon during the operation period. Since that day, the victim medical negligence suffered terrible pain on the right site of abdomen. She move here and there consulting several doctors, but none diagnoised the cause of her pain properly except prescribing irremedial medicines. In the meantime, Mrs. Khatua give birth to a girl child which is alive now. But post delivery, severe bleeding started and her abdominal pain increased day by day. The unbearable pain led couple to a private hospital in Cuttack, where Mrs. Khatua again went for a surgical operation following which her uterus was amputed and removed from her body. She could no more give birth to a child now. However, even after this surgery she did not get relief from the pain inside the belly. The couple spent a lot of money in hospitals on the treatment leading them to a stage of bankruptcy. In due course of time, Mr. Pratap Khatua came in touch with Dr. P.C. Sahoo, who suggested for an X-ray of the belly of the victim. It was found from the X-ray that a surgical scissor was lodged in the belly which was removed by a operation at General Nursing Home (Private Clinic) in Dhenkanal District Headquarter. The complainant prayed for inquiry, justice to the victim and action against surgeon responsible for the laps.

The NHRC taking it as a serious case of professional negligence issued notice to the Chief Medical Officer, Cuttack. Pursuant to the directions of the Commission the Chief District Medical Officer, Cuttack submitted a report dated 09.07.2007. On perusal of record the Commission observed that the case appeared to be a matter of serious professional negligence and violation of human rights due to negligence of Doctors which was confirmed in an inquiry caused by Chief Medical Officer, Cuttack.


The NHRC issued notice to the Chief Secretary, Orissa asking to show cause as to why monitory relief to the victim should not be recommended by the Commission. It also requested him to conduct an inquiry and to take action against the negligent Doctors and take necessary steps to stop recurrence of such incidents.

Pursuant to the directions of the Commission, Commissioner-cum-Secretary, Govt. of Orissa, Health and Family Welfare Department furnished his response dated 16.08.2008. His report said, a specialist team was set up to inquire into the incident. The departmental proceedings were drawn up against the two Doctors, namely, Dr. Sarojini Sarangi, Professor, OSG and Dr. Kirtirekha Mohapatra, Assistant Professor, OSG, SCB Medical College & Hospital, Cuttack for alleged lapses. It also stated that the Govt. had taken steps to stop recurrence of such incidents but no direct responsibility could be attributed for the alleged lapses and pleaded that proceedings may be dropped.

The Commission on the basis of this reply observed and directed in its proceedings dated 16.09.2008 that the reply to the show cause notice was silent about grant of monitory relief to the victim and the copy of the specialists team which conducted an inquiry into the case was not received in the Commission.

The NHRC sent a reminder to the Chief Secretary, Govt. of Orissa and the Commissioner-cum-Secretary, Govt. of Orissa, Health and Family Welfare Department in this regard. The Commission also asked for a status of departmental proceedings drawn up against the two Doctors. When no response was received within the stipulated four weeks on the issues from the concerned State Authorities, the Commission recommended a monitory relief of Rs. 5,00,000/- to the victim of medical negligence with the instructions for submitting a report on the action taken.

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