Bhubaneswar: Hearing a petition filed by Shiba Prasad Nanda who alleged Bhubaneswar based KIMS hospital of medical negligence, the Odisha Human Rights Commission (OHRC) has asked the hospital authorities to pay a compensation of Rs 2,50,000 to the complainant.
The commission has also directed that the payment needs to be made within a period of two months, failing which the director of medical education and training will need to take appropriate coercive action to see that the amount is paid within the said period.
According to complaint Shiba, a resident of Purusottamnagar in Puri district, he had admitted his wife Madhusmita Nanda at KIMS hospital for delivery.
Madhusmita delivered a baby boy at about 2:00pm February 9, 2017. The delivery was done by Dr Jagannath Mishra. However, immediately after the delivery the newborn was taken to newborn intensive care unit unbeknownst to the parents. In the evening the same day, Shiba was informed that two stitches had been made on the child’s head and was under observation for 72 hours.
The doctor informed him over phone that his child’s heart had stopped functioning. Subsequently he was asked to clear the bill to take the body of the child.
Shiba alleged that when the body was handed over to them, it was completely wrapped with cloth. At the cremation ground, when it was unwrapped, they were surprised to find as many as 40 stitches across the scalp.
Shiba suspected it that his son had died soon after the delivery but the hospital authorities kept it a secret till February 15, 2017, for reason best known to them.
He then lodged a complaint with the hospital authorities alleging medical negligence. March 3, 2017, the hospital authorities informed him that proper care of the child had been taken during the time between his birth and death.
Unsatisfied with the answer, Shiba moved OHRC alleging violation of rights in his case.
In response to the order passed by the commission, the medical superintendent and director, surgical and allied services of KIMS submitted its report May 5, 2017, stating that few stitches were put in labour room and few inside the NICU to arrest the bleeding from the scalp. Dr. Mishra mentioned the same in his written statement produced before the inquiry committee.
The hospital authorities alleged in their report that the complainant had demanded Rs 10 lakh as compensation and since the hospital authorities rejected it he approached the commission to settle scores.
On the direction of the medical education and training director JN Behera, pediatrics professor Lucy Das subsequently conducted an enquiry and submitted a report which was identical to the report of KIMS.
However, it was amply established that the child received a scalp injury of six to seven cms long. In order to prevent bleeding, Dr. Jagannath Mishra put few stitches. The commission is of the view that there was medical negligence committed by Dr. Mishra and the hospital management is liable to pay the compensation to the complainant.
PNN
