Mrs. Binapani, a victim of medical negligence, finally gets five lakh rupees as monetary relief on NHRC's recommendation

New Delhi, August 26, 2009

The Government of Orissa has complied with the NHRC's recommendations and paid a monetary relief of five lakh rupees to Mrs. Binapani Khatua of Orissa, a victim of medical negligence due to which she suffered severe pain for four years and now cannot bear children. The Commission, on the basis of the material evidence provided by the State Government also recorded in its proceeding on 24th August, 2009 that the departmental action against the two erring doctors is in the process of being finalized.
The NHRC took up the matter on 15th June, 2007 on a complaint filed by the Mr. B.K. Dash, Director, Collective Initiation for Social Solidarity (CISS) on 4th June, 2007. The complainant had alleged that 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 on 15th June, 2003 in connection with the delivery of her first issue. She had to be operated upon for the safe delivery of her male child. But four days later he died. Post surgery, Mrs Binapani complained of severe pain in her abdomen and consulted several doctors, in government and private hospitals. But without bothering for proper medical investigations to ascertain the real cause of continued pain to the patient, they simply prescribed her some medicines.
Finally, after about four years, she got relief from her ordeal but not without two more surgeries; one leading to a futile exercise of imputing her uterus meaning that she could no more bear children and the other, in effect leading to the remedy by removal of a surgical scissor which an X-ray showed was lodged in her belly . The couple spent a lot of money on the treatment leading them to a stage of bankruptcy. The Complainant prayed for an inquiry in the matter, justice to the victim and action against the surgeon.
On the basis of the enquiry reports provided by the state government during the course of subsequent proceedings in the matter, the Commission found that Mrs. Binapani is a victim carelessness of the doctors who operated upon her for the first time during the course of her first delivery and left a surgical scissor inside her belly. On 18th December, 2008, it recommended that the State Government pay five lakh rupees as monetary relief to the victim. The Commission also called for the status of departmental proceedings drawn up against the two erring doctors in the matter.
However, it was only after sustained efforts of the Commission that finally the state government paid monetary relief to the victim and agreed to draw up disciplinary proceedings against the two Doctors, namely, Dr. Sarojini Sarangi, Professor, OSG and Dr. Kirtirekha Mohapatra, Assistant Professor, OSG, SCB Medical College & Hospital, Cuttack found guilty of medical negligence in an enquiry for alleged lapses.
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