सव भव तु सिखनः ु 7.2.8 Illustra ve Cases 1.) Death of a newly born due to negligence of the medical staff and doctors at Arokya Hospital in Salem, Tamil Nadu (Case No. 686/22/31/2019) The Commission received a complaint on 19 March 2019, alleging medical negligence during her stay at Arokya Hospital in Salem, Tamil Nadu. She had been admi ed to the hospital on 22 January 2019, for the delivery of her child, with an expected delivery date of 7 February 2019. However, the Doctor, insisted on her admission on 22 January 2019. The vic m gave birth to a baby boy weighing 2.800 kg on 24 January 2019, at 3:14 PM. The infant remained in the labour ward with her for approximately six hours before displaying distressing symptoms such as con nuous crying and breathing difficul es through the mouth. Subsequently, the baby was transferred to the Neonatal Intensive Care Unit (NICU) and tragically passed away. The Commission took cognizance of the ma er and called upon the authori es concerned to submit the requisite reports. In response, the Joint Director of Health Services in Salem, Tamil Nadu, in a communica on dated 19 July 2019, forwarded an inquiry report confirming that the infant's death resulted from medical negligence. A copy of this report was shared with the vic m for her comments, but she did not respond. Consequently, on 8 January 2020, the Commission closed the file. However, the Commission revisited the ma er, considering the allega ons made in the complaint dated 18 March 2019, and the Medical Board's report submi ed by the Joint Director of Health Services in Salem on 19 July 2019. The report revealed gross negligence and lapses by the doctors and paramedical staff at Arokiya Hospital in Salem. This negligence not only led to the unnatural death of the infant but also jeopardised her life.The Medical Board's report was also forwarded to higher authori es, including the Na onal Health Mission and Medical Rural Health Services in Chennai. It remained unclear whether puni ve ac on had been taken against Arokiya Hospital, Salem, and the culpable doctors and paramedical staff. Therefore, the Commission issued a no ce under Sec on 18(a)(i) of the PHRA, to the Government of Tamil Nadu, through its Chief Secretary, as to why a compensa on of Rs. 3, 00, 000/- (Rupees Three Lakh only) should not be recommended for payment to the vic m for the viola on Chapter 7 - Thematic Areas of her human rights. Addi onally, the Principal Secretary of the Department of Health and Family Welfare, Government of Tamil Nadu, was asked with submi ng a detailed ac on report concerning the hospital and paramedical staff. In accordance with the Commission's direc ves, a compliance report was received, along with acknowledgment of the payment of the compensatory amount of Rs. 3,00,000/ for the loss of her child. A er the compensa on was disbursed to the vic m, the Commission closed the case on 12 May 2022. 2.) Death Resul ng from Medical Negligence during Caesarean Opera on in District Keonjhar, Odisha (Case No. 4082/18/7/2017) On 21 August 2017, the Commission received an in maon from a resident of District Keonjhar, Odisha. He alleged the death of his wife due to medical negligence, who gave birth to twins on 10 July 2017 at DHH, Keonjhar. Subsequently, she was transferred to Cu ack Medical Hospital, where the a ending doctor recommended shi ing her to a private nursing home to access an ICU facility. Consequently, she was admi ed on 11 July 2017 but tragically passed away during the night. The complainant asserted that medical negligence occurred during the caesarean opera on. In response to the Commission's direc ons, the requisite reports on the ma er were received from the authori es concerned. Based on the reports received from the State authori es and upon thorough review of the facts and circumstances, the Commission noted that there was no negligence in the treatment of the vic m. However, it was acknowledged that due to the unavailability of a ven lator, the pa ent was referred to SCB Medical College, Cu ack, in an ambulance without advanced life support systems. Moreover, as there was no vacancy in the ICU at SCB Medical College, Cu ack, the pa ent was further referred to the private nursing home, where she ul mately succumbed. The Commission deemed this case to be an instance of gross negligence and took subsequent ac ons. A show-cause no ce under Sec on 18 of the PHRA was issued to the Government of Odisha through its Chief Secretary, inquiring why the Commission should not recommend compensa on of Rs. 2,00,000/- (Rupees Two Lakh only) to the NoK of the deceased vic m. However, the Government of Odisha challenged this decision before the Hon'ble High Court of Odisha. The Hon'ble 41