Delay in surgical correction: SHRC recommends Tamil Nadu to pay ₹5 lakh compensation to woman

The panel asks Tamil Nadu government to issue appropriate instructions to authorities to make periodic surprise inspection to ensure sufficient number of doctors, nurses and other staff are present round-the-clock to avoid complaints from the public

Updated - August 23, 2023 11:29 am IST

Published - August 22, 2023 11:22 pm IST - CHENNAI

The State Human Rights Commission (SHRC) has recommended the Tamil Nadu Government to issue appropriate instructions to authorities to make periodic surprise inspection to ensure sufficient number of doctors, nurses and other staff are present round-the-clock to avoid complaints from the general public.

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SHRC member V. Kannadasan also recommended the State government to pay a compensation of ₹5 lakh to complainant L.Kokila of Vellore district. According to the complainant, she delivered a baby boy at the Government Hospital, Gudiyattam in the early hours of January 1, 2020 but authorities refused a surgical correction of recto vaginal fistula for several weeks.

She alleged the post delivery procedure was not performed properly, which forced her to pass human excreta and urine only through her genitals. She was asked to come the following week but even then the medical staff did not perform the procedure as suggested.

In August 2020, the medical staff sent her to the Government Hospital, Adukkamparai but the staff there advised her to go to Chennai. When she went to the Government Hospital, Gudiyattam, the staff there strictly warned the complainant not to come to the hospital. After suffering the ordeal for about a year-and-a-half, she filed a complaint in the SHRC.

During the hearing of the case, the medical staff in various hospitals denied allegations against them. Considering the records available and the reports and counter statements filed by respondents, the SHRC said it was categorically established that the complainant was not admitted in time at Government Hospital, Gudiyattam as an inpatient for the surgical correction of recto vaginal fistula.

The complainant’s baby died when he was one-and-a-half years old. “Considering the pathetic situation of the complainant, on behalf of the respondents, the Government of Tamil Nadu is vicariously liable to pay compensation to the complainant,” the Commission held.

In a related development, Chief Secretary Shiv Das Meena on Tuesday issued a communication to all District Collectors to ensure proper treatment in all Primary Health Centres across the State.

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