The Petitioner has preferred the present complaint against the Doctor of Chatra Sadar Bazar Hospital, District Chatra, Jharkhand for injecting anti-rabies injection instead of tetanus injection and due to which the condition of the patient got deteriorated. He had prayed for intervention by the Commission.
The Commission vide its order dated 17.06.2020 had sought action taken report from the Secretary, Health & Family Welfare, Govt. of Jharkhand.
Pursuant to the directions of the Commission, a report dated 18.08.2020 had been submitted by the Joint Secretary, Department of Health, Medical Education and Family Welfare, Govt. of Jharkhand. It was reported that due to a human error, the victim had been injected with anti-rabies injection in place of tetanus injection which caused no adverse effect on the victim. It is further submitted that the Smt. Melani Tigga, ANM has retired on 31.03.2020 and Smt. Pratibha Triki, ANM has been asked for clarification for the said negligence.
The Commission has considered the matter on 20.10.2020 when it observed and directed as under:-
"There is an admitted lapse on the part of the medical staff. The said official had also been directed to file explanation with regard to the same. The state is vicariously liable for her negligence. The Commission considers this case to be a fit case for award of compensation, therefore, issue notice u/s 18a(i) of PHR Act, 1993 to the Chief Secretary, Govt. of Jharkhand directing him to show cause within four weeks as to why the Commission should not recommend payment of compensation of Rs. 2,00,000/- (Two lakhs only) to the victim, whose human rights have been infringed due negligence of the medical staff".
In response, the Principal Secretary, Department of Health, Medical Education and Family Welfare, Government of Jharkhand vide his communication dated 09.12.2020 has submitted the report. It has been submitted that the wrong medicine was administered due to mistake and that there is no adverse effect of the said medicine on the patient and therefore there was no justification in grant of monetary relief to the victim.
The Commission has considered the matter. The response to the ‘Show Cause Notice' is not based on merits. Admittedly, a wrong medicine was administered to the patient / victim and such type of lapses on the part of the public servants cannot be taken lightly. In these circumstances, an amount of Rs. 2,00,000/- (Rupees two lakhs only) is recommended to be paid to the victim boy Abhay Kumar, son of Bhola Manjhi. A direction be issued to the Chief Secretary, Govt. of Jharkhand, calling upon him to ensure that the amount of monetary relief as recommended by the Commission is paid to the victim within a period of eight weeks from the date of receipt of this order without fail and a compliance report be forwarded to the Commission expeditiously for records. With these directions, the reports received from the State authorities are taken on record and the case is closed.
