SK.ABDUL AHAD Vs. STATE OF ORISSA

JUDGEMENT

(1.) WRIT Petition bearing O.J.C. No.8819 of 2000 has been filed with a prayer to direct opposite parties -State and its functionaries to pay a sum of Rs.10 lakhs as compensation to the petitioner within a stipulated period. Writ Petition bearing O.J.C. No.6311 of 2000 has been filed in the nature of a PIL seeking direction to Central Bureau of Investigation to investigate into death of two young women and their two new born babies and another pregnant woman who met death in Gynecology Department delivery ward of S.C.B. Medical College and Hospital, Cuttack due to administration of spurious and contaminated transfusion of fluid supplied by the Hospital authorities and to unearth the racket in supply and purchase of drugs and fluids etc. Since cause of action for filing of above two writ petitions is same they are dealt with together.

(2.) PETITIONERS case in O.J.C. No.8819 of 2000 is that the wife of the petitioner was pregnant and was supposed to deliver her second child. On 29.6.2000, at about 2.00 P.M., when the petitioners wife suffered from acute delivery pain she was taken to nearby Government Hospital at Raisunguda. The Doctor attending the wife of the petitioner advised the petitioner to take his wife to Cuttack for further treatment. Accordingly, on the said date the petitioner took her wife to City Hospital by ambulance where she was admitted. On the next day, i.e., 30.6.2000 at about 2.00 P.M., the doctor attending the petitioners wife at City Hospital advised the petitioner to take her to S.C.B. Medical College and Hospital, Cuttack for the purpose of operation. As per the advice of the doctor of the City Hospital, the petitioner at about 3.00 P.M. took her wife to S.C.B. Medical College and Hospital by ambulance for further treatment. Petitioners grievance is that in spite of his request to the doctor on duty at the S.C.B. Medical College and Hospital no treatment was offered to his ailing wife. At about 4.00 P.M., the petitioners wife was formally admitted into the Hospital vide Registration No.4616 dated 30.6.2000. Nearly two hours thereafter, his wife was taken to the labour room where she was left without any treatment by the doctor through out the night. On the next day, i.e., 1.7.2000 as no treatment was offered by the doctors in the hospital petitioners wife was helplessly crying. The petitioner and his mother -in -law, who were also helplessly waiting, requested opposite party no.4 -Dr. S.N. Das, Prof. and Head of the Department of Obstetrics and Gynaecology, S.C.B. Medical College and Hospital to give treatment to his wife and said opposite party no. 4 did not pay any heed to the request of the petitioner. For want of treatment, the condition of his wife deteriorated gradually. The petitioner was again constrained to approach said opposite party no.4 and thereafter at about 7.30 P.M. at night, the petitioner was instructed with a slip to purchase medicines for the purpose of operation. The petitioner immediately brought medicines as instructed by the doctor and his wife was thereafter taken to the O.T. Room at about 8.00 P.M. for operation. After few minutes, the wife was brought from the O.T. Room on the plea that, as the child inside the womb was dead, there was no need of any operation and the patient will give delivery to the said child in usual course. After hearing the news of death of the child, the petitioner wanted to know the reason of death of his child inside the womb, but no reply was given to the petitioner. The petitioner further requested the doctor to save his wife by offering due and proper treatment. The petitioners wife was again taken to the labour room at about 11.00 P.M. on the said date, i.e., 1.7.2000 and was impregnated with a saline. Shortly after the saline was pricked on the body of the petitioners wife, she suffered from acute thrill and was thereafter covered with a blanket. Nobody was allowed to enter inside the labour room to see the condition of the patient. The petitioner helplessly waited outside as a mute and dumb spectator and thereafter at about 12.00 P.M. the peon on duty informed that his wife is dead and he has to make arrangement to shift the dead body from the hospital. After sometime, two other patients in the same Department of Obstetrics and Gynecology, namely, Mamata Behera and one Bhanumati Das also died while being administered with saline. On 2.7.2000, the Superintendent, S.C.B. Medical College and Hospital directed for post mortem of the dead body. The petitioner was thereafter issued with a dead body carrying certificate by Autopsy Surgeon after conducting the post mortem examination. Hence, the present writ petition.

(3.) MR . J. Sahu, learned counsel appearing for the petitioner in O.J.C. No.8819 of 2000 submitted that all the medical documents including bed -head ticket and other papers were not handed over to the petitioner and the same were denied to the petitioner on the plea that the same are no more necessary. After death of the petitioners wife, the Mangalabag Police registered a Case bearing P.S.U.D. Case No.540(3) of 2000 and A.S.I. -Sri S.K. Sahu was directed to enquire into the matter after receiving report from Dr. Trupti Patnaik of S.C.B. Medical College and Hospital, Cuttack. After a number of patients in Gynaecology Department succumbed to death due to contaminous saline and gross negligence of the attending doctors and other staff, opposite party no.2 -the Director, Medical Education and Training allowed to conduct an enquiry into the matter. Opposite party no.2 in his letter no. 12619 dated 14.07.2000 called upon the petitioners father to speak about the incident for the purpose of enquiry. In response to the said letter, the petitioner offered a written submission stating the entire chain of events that took place in the S.C.B. Medical College and Hospital. No ostensible steps have been taken to save his wife and the child for which the petitioner has been passing through deep shock and grave mental agony. Mr. Sahu submitted that the death of the petitioners wife and the unborn child inside the womb was on account of gross negligence committed by the doctors and other staff of the Department of Obstetrics and Gynaecology, S.C.B. Medical College and Hospital. The repeated request and approach of the petitioner to provide necessary treatment to his wife did not yield any result and ultimately his wife and the child inside the mother womb died. The petitioner has the information that the attending doctors and other staff before administering saline on her body, have not conducted any test and at the same time spurious and contaminous saline was impregnated into her body which apparently caused immediate shivering of her body and shortly after pricking of the saline his wife succumbed to death. The petitioner is entitled to be compensated adequately by the State in the interest of justice and equity for gross negligence of doctors and staff of the S.C.B. Medical College and Hospital. Every doctor who enters into the medical profession has a duty to act with a reasonable degree of care, caution and skill. This is what called "implied undertaking" by a member of the medical profession that he shall be fair, reasonable and have the competent degree of skill. Mr. Sahu further submitted that where Honble Court finds gross negligence on the part of the doctors and hospital authorities appropriate compensation is awarded to the victims for the economic loss and other damages sustained. Placing reliance in the case of Allen vs. Bloomsbury Health Authority (1993) 1 All ER 651 (QBD), it was submitted that damages were awarded in the case of negligence in the termination of pregnancy. Failure for sterilization operation on account of negligence by surgeon was also held to be negligence warranting grant of compensation. Placing reliance in the case of Miss Arnapurna Dutta vs. M/s. Appolo Hospital Enterprisers Ltd. and others; AIR 2000 Mad. 340, Mr. Sahu argued that compensation was awarded for medical negligence in the Hospital on account of doctor performing operation leaving behind foreign objects in the abdomen. The death of the wife of petitioner caused serious set back and mental sufferings to the petitioner, who had to survive with his one surviving child of 2 years for rearing for the rest of his life without mother. In the case at hand, as the doctors of S.C.B. Medical College and Hospital have caused gross medical negligence in their duty resulting in death of petitioners wife and unborn child, appropriate action should be taken against such erring doctors and staff.