6.170 The Commission sought reports from the hospitals he had visited that night. The
Commission observed that the LNJP report was not at all convincing. It quoted guidelines of the
Medicine Department according to which every case of T.B. is to be referred to concerned T.B.
Centre if the condition of the patient is stable. However, the guidelines are not to be compulsorily
adhered to in every case. According to the protocol, the condition of the patient has to be kept in
mind while making the reference to a T.B. Centre. If the patient is brought to the hospital at an odd
hour of the night with a complaint of fever and cough with expectoration, it is inhumane on the
part of the doctor to turn him away on the ground of protocol. In the opinion of the Commission it
was a fit case for issue of notice u/s 18(c) of the PHRA.
6.171 While considering the matter, the Commission observed: “A doctor's profession is not only
pious but it also demands a profound sense of responsibility. The Hippocratic Oath must be
upper-most in the doctor's mind. His conduct should always be characterized by compassion for
the patient. The poor and the resourceless should always have the first claim on his attention. If a
poor patient is turned away from the hospital it not only brings the medical profession to disrepute
but is also an affront to human rights of the patient.”
6.172 The Commission gave its reasons to feel sceptical about the claims made by the
Government: “When Dr. K.D. Mehta, Additional Medical Superintendent, LNJP Hospital
submitted his report dated 20.4.2007, there was not a word in it about the admission of the patient
or his treatment as detailed in the communication dated 2.8.2007. The administration claims to
have administered five bottles of intravenous fluids to the patient. Administration of five bottles
would take quite some time and in that case it could not have been possible to discharge the patient
on the same night. More over, the administration itself admits that Ravinder had come to the
hospital in the night with complaints of fever, pain in abdomen and cough with expectoration.
Once the patient was admitted, there could have been no justifiable reason for hurry and the
discharge of the patient on the same night appears to be quite unjustified. In these circumstances,
the Commission comes to the irresistible conclusion that patient Ravinder was not given the
attention and care that he ought to have received in the hospital. Discharge of the patient on the
same night appears to have resulted in his untimely death.”
6.173 The Commission therefore, recommended that the Government of NCT of Delhi to pay an
amount of Rs. 50,000 as monetary relief to the next of kin of the deceased Ravinder. The compliance
report is awaited.
40.
Death of Venugopalan Nair in Thiruvananthapuram, Kerala, due to Denial of Medical Treatment
(Case No. 95/11/1999-2000)
6.174 The Commission received a complaint dated 22 April 1999 from Smt. S. Radhamma
alleging that her husband Venugopalan Nair had died due to denial of medical treatment by the
64 National Human Rights Commission