Odisha: Tubectomy goes awry, doctors cut woman’s urinary bladder; NHRC directs govt to pay compensation

Kendrapara: The National Human Rights Commission (NHRC) has directed the Odisha Chief Secretary to pay Rs 1 lakh as compensation to a victim of medical negligence whose urinary tract was cut while conducting a family planning operation.

Acting on the petition filed by Human Rights Activist Radhakanta Tripathy, the NHRC directed the Chief secretary to submit a compliance report along with proof of payment within six weeks.

The petitioner alleged that a doctor cut the urinary bladder of a woman while performing a tubectomy on her at Daspalla Community Health Centre in Nayagarh district on July 16, 2019.

Mr. Tripathy requested the NHRC to take action against the errant officials and direct the government to pay compensation to the victim.

Pursuant to the issuance of conditional summons, the Joint Secretary, Department of Health and Family Welfare, Govt. of Odisha forwarded the enquiry report of CDM & PHO, Nayagarh.

The NHRC observed that during the tubectomy operation, the victim sustained injury on the anterior wall of Urinary Bladder which was attended with vicryl stitch and put on a folic catheter for urination and advised her to remain in ward for treatment.

Later, the victim was referred to the District Head Hospital, Nayagarh, as per the demand of public where the patient was admitted on 16.07.2019 with complaint of abdomen pain and she was discharged on August 6,2019.

The Right body observed that the victim had to undergo severe trauma and remained hospitalized for 22 days which strengthens the fact that there was negligence on part of the medical officer while operating the victim.

The NHRC found the State is vicariously liable for the act of its doctors and medical staff and issued Show cause notice to the Chief Secretary, as to why the Commission should not recommend a compensation of Rs. 1,00,000/- (Rs. One Lakh only) to the victim within six weeks.

Pursuant to the Government submitted the reply to the show cause notice wherein it has been stated that all types of pre medical check-up of the patient were done before the operation.

The NHRC rejected the contention of the State and took note of the trauma of the patient for twenty two days and found the State vicariously liable to pay compensation. (UNI)