NATIONAL HUMAN RIGHTS COMMISSION, INDIA
positively. However, Dean, Medical College, Bundelkhand informed the Commission that
in compliance of the recommendation of the Commission, an amount of Rs. 3,00,000/(Rupees Three Lakhs Only) has been paid to the mother of the deceased Ansika Ahirwar.
2.
Alleged death of a woman due to medical negligence, non-registration of case and
inaction by Bijapur District and State authorities in Chhattisgarh
(Case No. 128/33/17/2018)
i.
The Commission received a complaint from Shri R. H. Bansal, a human right activist, alleging
death of a woman due to medical negligence, and non-registration of case and inaction
by Bijapur District and State authorities in the matter. It was stated in the complaint that a
wrong tubectomy surgery was conducted on the victim at District Headquarter Hospital,
Bijapur. A few hours after the operation, the victim was discharged. Subsequently. the
victim died due to severe bleeding.
ii.
On perusal of the complaint, the Commission issued a notice to the Secretary, Department
of Health & Family Welfare, Government of Chhattisgarh and Superintendent of Police
(SP), Bijapur, Chhattisgarh, calling for a report in the matter. In response a report was
received from the Chief Medical Officer (CMO), Bijapur, Chhattisgarh. It was reported
therewith that the victim lady used to remain ailing most of the time. This fact was never
informed to the doctors before the tubectomy. However, it was reported that the cause of
death of the deceased was not tubectomy. Nevertheless, the victim was reportedly paid a
compensation of Rs. 2 lakhs under Family Planning Indemnity Scheme (FPIS).
iii.
Upon consideration of the report, the Commission observed that the allegations made in
the complaint were denied by the CMO, Bijapur and several documents were furnished
in support of his contentions. Since the matter involved serious medical assessment, the
Commission was of the view that the matter be examined by the expert on the panel of
the Commission for its opinion. Therefore, the case record was placed before the expert
on the panel of the Commission for its opinion. The expert after examining the entire
material on record held as follows:
“In this case the level of Haemoglobin of the patient was less than 7 gm% which should have
alerted the operating team to delay the procedure and underlying disease causing anaemia
should have been evaluated/identified. In the present case the cause of death was ‘massive
intestinal Haemorrhage from colonic diverticulum leading to haemorrhagic shock and
death”. The patient should have been investigated for her underlying disease, i.e. diverticulitis
which is usually identifiable on radiological investigation. The operation tubectomy should
have been delay[ed]. This is in contravention of NRHM [(National Rural Health Mission)]
guidelines.
However, in view of the cause of death, i.e., bleeding from diverticulum disease after a gap
of about one week from the date of operation; the possibility of spontaneous independent
bleed[ing] cannot be ruled out and is not specifically in direct consequence to operative
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