SAVITRI DEVI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Dinesh Pratap Singh, learned Counsel for the petitioner, learned Standing Counsel and Sri P.V. Chaudhary, learned Counsel for the opposite party no.-11 and Sri Kaushalendra Yadav, learned Counsel for opposite party no.-12.

(2.) - This writ petition was filed in the year 2009 for the following main reliefs:-

(3.) - With respect to the relief sought, in the writ petition, it has been stated that due to the serious illness/disease the husband of the petitioner, is unable to do any kind of work to earn money and to maintain his family and on account of the same, the petitioner used to work as daily wager (fngkM+h etnwj) for maintaining her family including husband. The petitioner was pregnant and was suffering from fever, cold cough and headache and for the purposes of treatment she went to the Primary Health Centre Harchandpur District Raibareli in short (PHC) on 03.03.2009. At PHC on 03.03.2009, Smt. Saroj Singh ANM (Staff Nurse) was present and she asked about the problem and in response to the same the petitioner informed about simple fever, cold and cough and headache and then Smt. Sudha Singh, ANM (Staff Nurse) told the petitioner that the Medical Officer Dr. Brijesh Kumar Ben is not available at PHC and she will treat the petitioner. Thereafter, Smt. Sudha Singh ANM (Staff Nurse) herself injected two injections in the left hand of the petitioner and asked petitioner to wait for further treatment and after injecting of injections in left hand of the petitioner, the petitioner gone semi conscious. After few hours when the petitioner came out of semi conscious stage, she felt sever and intolerable pain in her entire left hand particularly in fingers of left hand, in which injections were injected by Smt. Sudha Singh ANM (Staff Nurse). It has also been noticed by the petitioner that blackening and dryness was started in her left hand. Thereafter, the petitioner immediately complaint to Smt. Sudha Singh ANM (Staff Nurse), who behaved in a very rude manner and asked to contact Dr. Brijesh Kumar Ben, Medical Officer of PHC. The petitioner thereafter informed the entire episode to Dr. Brijesh Kumar Ben, Medical Officer of PHC and thereafter the said Doctor has written prescription on the Purcha which was obtained by the petitioner after due payment of Rs. 1.00/- at the PHC, and told to petitioner that the she will come out of trouble after taking medicine for one day. The petitioner took the medicine on 04.03.2009 as prescribed by the Medical Officer at PHC, Dr. Brijesh Kumar Ben and even then there was no relief to the petitioner. The condition of the left hand of the petitioner was deteriorated and bleeding was also started from private part of the petitioner in the night of 3/4-3-2009. On 05.03.2009 the petitioner went to another hospital namely Rana Beni Madhav District Hospital, Raibariely and consulted the doctor and entire facts were communicated by the petitioner to the Doctor at Rana Beni Madhav District Hospital, Raibariely. In response doctor informed that the severe pain, dryness and blackening in left hand of the petitioner is on account of post injection Gangrene and further told that reasons for bleeding in private part of the petitioner is perhaps abortion of child womb of the petitioner. The consulting doctor at Rana Beni Madhav District Hospital, Raibariely referred the petitioner to King George Medical University.