NATIONAL HUMAN RIGHTS COMMISSION
wrongly administered anti-TB drugs. Due to the lapses, the contractual Medical Officer has
been disengaged from duty. However, this incident happened due to ignorance of the treating
physician which was not intentional and the patient did not suffer from any adverse effects
due to this. He has prayed for absolving the treating physician from charges.
6.52 The Commission considered the report and observed that admittedly, enquiry disclosed
that the Right to Health of the victim has been violated. Therefore, the Commission reiterated
its earlier stand and recommended to the Chief Secretary, Government of Odisha for payment
of compensation of ` 25,000/- to the victim Tuni Naikam and also to send the proof of
payment, which is awaited.
5.
Ward Boy poses as Doctor in Dist. Hospital, Varanasi resulting in amputation
of leg of 9 Year Old Boy
(Case No.46982/24/72/2015)
6.53 The Complainant Dr. Lenin Raghuvanshi, General Secretary, Manavadhikar Jan Nigrani
Samiti, Varanasi, Uttar Pradesh alleged in his complaint that leg of a nine-year old boy had
to be amputated because of the negligence of the Ward boy of District Hospital of Varanasi.
The Ward boy posing himself as the doctor performed the surgery on the victim boy.
6.54 The Special Secretary, Government of Uttar Pradesh reported that a three-member
committee was constituted to inquire into the matter. The Ward boy was, prima-facie, found
responsible for the incident and he has been suspended.
6.55 The Commission considered the report and observed that the 9 year old boy has been
permanently disabled because of the negligence on the part of the Ward boy of the hospital.
The suspension of the Ward boy substantiates the fact that he was responsible for the incident.
The right to health of the victim boy has been violated and the Commission considered this
a fit case for award the compensation. The Commission issued a notice u/s 18a (i) of the
PHR Act, 1993 to the Chief Secretary, Govt. of Uttar Pradesh directing him to show cause as
to why the Commission should not recommend payment of compensation of ` 2, 00,000 to
the nine-year old victim boy whose right to health has been violated
6.56 In response to the Commission’s directions, the Joint Secretary, Government of
Uttar Pradesh reported that the Department of Medical and Health has no objection if any
compensation is paid to the victim Yash Choudhary @ Aakash Choudhary under the PHR
Act, 1993.
6.57 The Commission considered the matter on 04.08.2017 and recommended to the Government
of Uttar Pradesh, through the Chief Secretary, to pay a compensation of ` 2 00,000 to the
Annual Report 2017-2018
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