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Covid-19: Orissa high court orders compensation to victims of medical negligence
The Orissa high court ordered ₹5 lakh compensation to families of 2 Covid-19 patients who died due to medical negligence.
BHUBANESWAR: The Orissa high court on Wednesday directed the Odisha government to provide ₹5 lakh compensation each to the families of the two patients who died due to alleged medical negligence while undergoing treatment for Covid-19 at a state-run medical college and hospital.
The court also directed the state government to provide compensation of ₹50,000 each to 11 more families who were at the receiving end of medical negligence. The high court has asked the government to submit compliance report by May 2.
The high court’s directive came in response to an e-mail to the court by a person from Bargarh district in May last year highlighting lack of proper medical facilities at Veer Surendra Sai Institute of Medical Sciences and Research (VIMSAR), a state-run medical college-cum hospital in Burla area of Sambalpur district. Gynadutt Chouhan, who sent the e-mail, alleged that the medical professionals and authorities in charge of VIMSAR’s management behaved irresponsibly and displayed insensitivity to the plight of the Covid-19 victims.
Chouhan also filed nine affidavits of persons whose close relatives allegedly suffered due to negligence by VIMSAR authorities during the Covid-19 pandemic. “More people died due to lack of treatment, ICUs and oxygen than Covid-19. Patients suffered due to carelessness of the government,” Chouhan alleged in his e-mail.
The high court in July last year appointed retired district judge ABS Naidu to inquire into the alleged medical negligence and submit a report within 3 months. “VIMSAR is one of the premier medical institutions of the state catering to the medical needs of the population of western Odisha. It has to function in the manner befitting its status of providing the highest standard of care and treatment to everyone for that purpose. While during Covid-19 times all resources were indeed stretched and many medical personnel and nursing staff went beyond the call of duty to render tireless service, it is entirely possible that there were lapses. Whether this was for the reasons beyond the control of the doctors, nurses and staff of VIMSAR and whether it was avoidable, can properly be established only in a detailed enquiry,” the HC said in its order.
Last year, another PIL was filed in the Orissa high court over alleged gross mismanagement and negligence in the treatment of patients in a Covid hospital of Baripada town. Advocate Bibhuti Bhusan Choudhury filed the PIL highlighting a disturbing incident at a Covid hospital in Baripada where patients, including a woman, were seen lying naked on the floor of a washroom.
While there have been several allegations of medical negligence in the two Covid waves in 2020 and 2021, Odisha government faced criticism over under-reporting of Covid deaths. Though 9,116 persons have officially shown to be died of Covid-19, according to the data with the office of Special Relief Commissioner, Covid compensation of ₹50,000 has been paid to each family of 16,200 people. According to the norms, anyone who dies within a month of testing positive for Covid-19 is eligible for compensation.
