NHRC directs Odisha Chief Secy to compensate for Tubectomy negligence

By Suchitra Kalyan Mohanty
New Delhi [India], July 7 : The National Human Rights Commission (NHRC) has directed the Odisha Chief Secretary to pay Rs 1 lakh as compensation to the victim of medical negligence whose urinary tract has been cut while conducting family planning operation and to submit compliance report along with proof of payment within six weeks.
Acting on the petition filed by prominent human rights activist and Supreme Court lawyer, Radhakanta Tripathy, the NHRC passed the order.
The petitioner, Tripathy, alleged that a doctor cut the urinary bladder of a woman while performing tubectomy on her at Daspalla Community Health Centre in Nayagarh district on July 16, 2019.
Tripathy requested NHRC to take action against the errant officials and compensation to the victim.
Pursuant to the issuance of conditional summons, the Joint Secretary of Department of Health and Family Welfare, Odisha forwarded the enquiry report of Chief District Medical (CDM) and Primary Health office (PHO), Nayagarh.
It is submitted that on July 15, 2019, there was a sterilisation (Mini lap) operation camp at Community Health Center (CHC), Dasapalla. "Dr Nabakishore Sahoo Obstetrics and Gynaecology (O&G) Specialist conducted a Mini lap tubectomy operation. He found adhesion of peritoneum with pelvic soft tissue, and during the separation of adhesion, he found that the anterior wall of the urinary bladder was injured. He repaired the bladder with vicryl stitch and put a folic catheter for urination and advised her to remain in ward for treatment, Tripathy submitted.
The patient was referred to District Head Hospital (DHH), Nayagarh. The patient was kept in the O&G ward for a parenteral antibiotic. The patient was kept in observation for 22 days and the catheter was removed. After doing ultrasonography, the bladder was alright and the patient was discharged, he said.
The NHRC observed that during the tubectomy operation of the victim, the victim sustained an injury on the anterior wall of the urinary bladder, which was repaired with vicryl stitch, and a folic catheter for urination was put, along with that, she was advised to remain in the ward for treatment.
Later, the victim was referred to the DHH, Nayagarh, on the demand of her co-patients. She was admitted to DHH on July 16, 2019, with a complaint of abdomen pain following attempted tubectomy operation for 22 days and she was discharged on August 6, 2019, Tripathy said.
"From the perusal of material, it is apparent that the victim had to undergo severe trauma and remained hospitalised for 22 days, which strengthens the fact that there was negligence on part of the medical officer while operating the victim."
The NHRC found the state is vicariously liable for the actions of its doctors and medical staff and issued show-cause notice to the Chief Secretary as to why Commission should not recommend compensation of Rs 1 lakh to the victim Kalia Barad within six weeks.
Pursuant thereto the government submitted the reply to the show-cause notice wherein it has been stated that all types of pre-medical check-ups of the patient were done before the operation.
The NHRC rejected the contention of the state and took note of the trauma of the patient for twenty-two days and found the state vicariously liable to pay compensation.
It is pertinent to mention, earlier acting on a petition by Tripathy, the NHRC directed the Chief Secretary of Odisha in 2018 to pay a sum of Rs 14 lakh to 56 women, who had undergone sterilisation by cycle pump in a camp conducted in Angul district in November 2014.
However, three victims have not yet been traced by the government, and are yet to get compensation till date.