Saturday, September 11, 2010

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

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

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

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