The NHRC has directed the Chief Secretary of the Delhi Govt to pay Rs 3 lakh to the kin of the deceased, Laxman Rout, for its alleged failure in replying over the death of a child by dengue on Sept 8, 2015, & subsequent suicide of his parents caused, due to the alleged negligence of the Delhi hospitals & submit proof of payment within 4 weeks.
Considering the petition & rejoinder filed by the Apex Court lawyer & rights activist, Radhakanta Tripathy and the reports submitted by the state authorities, the National Human Rights Commission (NHRC) had passed the order.
Tripathy alleged that in the entire exercise the child & his parents (now all dead) suffered immensely due to the negligent attitude of the hospital authorities.
Tripathy said that "The harassment of hospitals & the subsequent death of the only child abetted the suicide of the parents. The old parents of the couple & other family members of the deceased have been leading their lives in a precarious condition in a village in Kendrapada district of Odisha".
No compensation has been paid to the victims' family nor has any legal action been initiated against the errant hospitals, the petitioner pointed out.
The deceased child died of Dengue on Sept 8, 2015, at a Delhi hospital. The end came after a traumatic 24 hours when his parents failed to get a bed for him in two of Delhi's top hospitals before rushing him to Batra hospital.
Hours later, unable to bear the shock, his parents, Laxman & Babita, jumped to death from their house in Lado Sarai, Delhi, the Tripathy added.
The petitioner also requested the Commission to direct the Secretary, Health & Family Welfare to conduct an enquiry in other cases & lodge FIR for abetment of committing suicide due to negligent hospital authorities & recommend steps to stop this inhuman attitude.
The NHRC had held that there was a lack of coordination & professionalism among the medical professionals, who were approached by the attendants of the patient Avinash.
Furthermore, no punitive action has been taken yet by the Govt against the private hospitals & the doctors who have violated the provisions of Delhi Nursing Registration Act 1953 & Rules laid thereon, Tripathy alleged.
As such a crucial time for the child patient, the child named Avinash was lost in the absence of proper coordination, guidance & professionalism for which the government is vicariously responsible. The parents could not bear the shock of such sudden death of their only child & have committed suicide on the same day, Tripathy alleged.
The NHRC had asked the Chief Secretary of Delhi to submit the preventive & curative action taken as per the recommendation made in the fact-finding report of SDM Saket.
It also directed the Delhi Police Commissioner to take appropriate legal action in the matter against the guilty persons.
The District Magistrate & Collector, Kendrapada, Odisha was also directed to provide legitimate relief & assistance to the family of deceased Late Laxman Rout & submit the action taken report within eight weeks.
The NHRC also directed the Secretary, Ministry of Health & Family Welfare Govt. of India to take preventive steps to avoid such fatal incidents.
The ministry is also directed to explore the possibility of developing a mobile phone app to assist the needy patient & their attendants for searching appropriate hospital be developed.
The NHRC also asked the Government of India may also think about providing first-hand medical advice/counselling & medical care facility in different nearby hospitals over the telephone 24x7 on a working toll-free number.
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