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NHRC orders compensation for death due to medical negligence

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OST Bureau
Bhubaneswar, Feb 9:

The National Human Rights Commission (NHRC) has ordered the state government to pay a compensation amount of Rs 2 lakh to the next of kin of a woman who died due to the transfusion of a wrong group of blood in June 2012.

The order came in response to a petition filed by eminent human rights activist and lawyer Prabir Kumar Das.

According to reports, Rajalaxmi Barik,wife of Rajendra Barik of Panchutikiri viljage in Bhadrak District died at the SCB Medical College Hospital on 28 June,2012 after she was given B+ blood instead of her own blood group A+ at the Bhadrak district headquarter hospital on 4 May 2012 during delivery.NHRC-Logo

She was later shifted to SCB Medical College hospital, Cuttack after her condition deteriorated. She died while she was under treatment there on 28 June 2012.

The NHRC took cognizance of the petition and September 9 last year directed that a notice U/S 18 (a) (i) of the Protection of Human Rights Act, 1993, be issued to the Government of Odisha, through its Chief Secretary, to show cause as to why the Commission should not recommend monetary relief for the next of kin of the deceased.

However, the Chief Secretary, Government of Odisha did not respond to the show cause notice the Commision is presumed that the State Government has nothing to say in the matter and passed the final order.

” As observed vide its earlier proceedings dated 09.09.2013 that the deceased was given mismatched blood for transfusion, which must have worsened the condition of the patient. No valid explanation was given as to how the para medical staff had given the wrong transfusion of blood,” the NHRC order noted.

” State is therefore liable to pay compensation to the next of kin of the deceased. Keeping in view the facts and circumstances of the case, the Commission recommends to the Government of Odisha, through its Chief Secretary, to pay compensation of Rs. 2,00,000/- ( Rupees Two Lakhs only). to the next of kin of the deceased,” the order said.

The Chief Secretary, Government of Odisha, has been directed to submit the compliance report alongwith proof of payment within six weeks to the Commission.

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