UP Government pays interim relief in medical negligence case

New Delhi, 11 August 2005
The Uttar Pradesh Government has paid a sum of Rs.50,000/- by way of interim relief to the next of kin of Smt. Bihalavati who died on 12 August 1999 due to negligence and carelessness on the part of doctors of the District Hospital, Siddharth Nagar, Uttar Pradesh.
The case came to the notice of the Commission when Shri Sant Ram, Secretary of Janadhikar, an NGO sent a letter dated 16 August 1999 along with a newspaper report which appeared in a Hindi daily dated 14 August 1999. The news report stated that Smt. Bihalavati, wife of Ram Prakash was taken to the District Hospital, Siddharth Nagar for delivery and though she was experiencing acute labour pain, she was not admitted by the staff nurse as her husband had failed to pay Rs.250/- as demanded by the latter. She was admitted only after the said amount was paid by other persons. At around 1 p.m. when her condition became very serious, a General Duty Medical Officer examined her and referred her to Gorakhpur but before she could be taken to Gorakhpur, she expired. It had been alleged that Smt. Bihalavati, wife of Ram Prakash died due to negligence and carelessness on the part of doctors of the District Hospital, Siddharth Nagar as her husband had failed to meet their illegal demand.
On 5 October 1999, the Commission issued notice to the Health Secretary, Government of Uttar Pradesh who submitted a report which stated that Smt. Bihalavati was brought to the hospital on 10 August 1999 at 8.00 a.m. and instead of consulting any medical officer, the staff nurse illegally treated her in order to extract money. When the condition of the patient deteriorated and went out of control, the staff nurse informed the General Duty Medical Officer at 1.20 p.m. Thereafter she was referred to Gorakhpur on the way to Gorakhpur she died. As per the enquiry report, two staff nurses and two pharmacists were found guilty of dereliction of duty and they had been transferred to other districts. It had further been stated that none of the medical officers were found negligent, as they had not been informed about the condition of the patient.
On consideration of the report, the Commission on 13 June 2002 held that Smt. Bihalavati had died due to negligence on the part of staff nurse and others. It directed that a notice be issued to the State of UP through its Chief Secretary to show cause as to why immediate interim relief be not awarded under section 18(3) of the Protection of Human Rights Act, 1993 to the next of kin o f the deceased.
Since the response to the show cause notice was not received from the State Government of UP despite several reminders, the Commission then sent a D.O. letter on 17 July 2004 to the Chief Secretary, Uttar Pradesh drawing his attention to the proceedings in the case and called upon him to personally look into the matter and send the response of the State Government within four weeks. The Commission also informed the Chief Secretary, UP that in case the needful is not done within the aforesaid period, the Commission shall be constrained to exercise its powers of a the civil court and pass appropriate orders.
In reply, the Special Secretary Government of UP through his letter dated 13 August 2004 intimated the Commission that the report in this case has not been received from the concerned department so far and the concerned department has been directed to expedite submission of the report and on its receipt, the same will be sent to the Commission.
On 1 November 2004, the Commission perused the communication received from the Special Secretary, Government of UP dated 13 August 2004 and observed that "the response in respect of the present case is wholly perfunctory and unintelligible. While drawing up the proceedings of the Commission on 13 June 2002, apart from issuing notice under section 18(3) of the Protection of Human Rights Act, 1993, to show cause as to why 'interim relief' be not recommended to be paid to the victim, the State Government was also "directed to institute departmental inquiry against the delinquent staff". This direction was given, based on the report of the Chief Medical Officer, District Hospital and SDM, Shohrat Garh. In its communication dated 13 August, 2004 there is no mention about the departmental proceedings and it's outcome against the delinquent officials". That apart, the Commission observed, it is surprising that the Special Secretary, acknowledging the proceedings on behalf of the Chief Secretary, Government of UP should state that the report had "not been received by the Department". It is wholly unintelligible why a matter pending with the State since June 2002 should not have been dealt with till 13 August 2004 in an appropriate manner.
Not satisfied with the communication dated 13 August 2004, the Commission exercised its powers of a civil Court under Section 13 of the Protection of Human Rights Act, 1993 and issued summons to the Chief Secretary, government of UP to appear before it along with the complete record of the case and explain his position on 1 December 2004.
At his personal appearance before the Commission on 1 December 2004 the Chief Secretary assured the Commission that instructions have been issued to see that the information asked for by the Commission is furnished by the State authorities promptly. He promised that he would himself look into the reasons as to why responses were not received by the Commission from various officers and would take remedial measures. He further informed the Commission that the staff nurses had been placed under suspension and apart from disciplinary action sanction for prosecution had also been granted. Further, the three Medical Officers have been placed under suspension after the court verdict of 7 October 2004 and that an Inquiry Committee has been constituted by an Order of the Government on 23 November 2004 comprising of Deputy Secretary, Medical and Health Department and Director, Medical and Health, UP to inquire into the case of the three doctors. The Chief Secretary also stated that sanction has already been granted for payment of Rs.50,000/- to the next of kin of late Smt. Bihalavati and steps are being taken to make this payment to the next of kin of the deceased.
Later a letter was received from the Special Secretary, Government of UP dated 13 January 2005 informed the Commission that a cheque dated 21 December 2004 for a sum of Rs. 50,000/- has been given to the husband of the victim, Shri Ram Prasad, as "interim relief' on 24 December 2004 and a copy of the receipt of payment was also enclosed. Since the recommendation of the Commission has been complied with, the Commission closed the case.
*******