AHRC asks guilty doctor to pay Rs 5 lakh compensation

Update: 2010-09-15 00:00 GMT

GUWAHATI, Sept 25 - The Assam Human Rights Commission (AHRC) has ordered a compensation of Rs 5 lakh in a case of medical negligence resulting in the death of a patient in 2017. Dr Ghanashyam Thakuria, a doctor serving at the Ambari Fatasil Urban Health Centre has been asked to pay the compensation to the husband of the late Pinky Das within a period of two months.

A full bench of the AHRC consisting of its Chairperson Justice T Vaiphei and members NK Bora and DK Saikia in its order in AHRC Case No. 2161/9/17-18, held Dr Thakuria guilty of medical negligence in the death of Pinky Das and recommended the compensation.

The AHRC said that as the employer of the charged officer, the State government can pay the said amount on his behalf and may recover the same from his salary by instalment or otherwise.

The AHRC had registered the case on the complaint of Kamal Das about the death of his wife on October 13, 2017. In the complaint, it was alleged that after administering injections and infusion of saline on the advice of a doctor of Ambari Fatasil Urban Health Centre, the patient�s condition deteriorated, resulting in her death.

The AHRC called for an inquiry report from the Director of Health and Family Welfare, Government of Assam, wherein it was concluded that there was no medical negligence on the part of Dr Ghanashyam Thakuria in his treatment of the deceased.

On examination of the report and the documents together with accompanying statements of the persons and the comment of the complainant, it was found that the deceased had a complaint of backache, mild fever, lower abdominal pain and burning sensation. At the time of her examination, she had normal BP, normal pulse, felt tenderness over her lower abdomen and tenderness on both sides of her back kidney region, which were diagnosed as urinary infection.

The doctor had prescribed injections and drips after being administered which the patient developed complications. The patient was referred to the MMCH, but died before getting any treatment.

The AHRC observed with surprise as to how a patient who, at the time of her examination was having back pain only, could die after the prescribed drug was administered. As such, an independent opinion was sought from an expert and specialist in medicine from the Gauhati Medical College and Hospital wherein no negligence by the charged doctor was found.

But in the absence of a proper explanation by the charged doctor, the Commission had no alternative but to hold him guilty of medical negligence which resulted in the death of Pinky Das.

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