COVID-19 Deaths | Orissa High Court Directs The State To Pay Compensation For Negligence By State-Run Medical Facility

In a significant decision, the Orissa High Court has held liable a State-run medical facility, i.e. Veer Surendra Sai Institute of Medical Sciences and Research (VIMSAR), for medical negligence which caused death of two COVID-19 patients. While issuing directions for payment of ex-gratia and compensation to the victims and their kins, a Division Bench of Chief Justice Dr. S. Muralidhar and Justice R.K. Pattanik observed, "The Court in the present instance is dealing with violation of the right to health of the victims guaranteed and protected under Article 21 of the Constitution of India. After the judgment of the Supreme Court in Pt. Parmanand Katara v. Union of India, 1989 AIR 2039 and Paschim Banga Khet Mazdoor Samity v. State of West Bengal, (1996) 4 SCC 37, no person can be denied adequate standard of medical care in Government health institutions. The excuse of lack of resources was never accepted by the Supreme Court of India." Facts in Brief: In July 2021, the Court had formed a committee headed by Shri A.B.S Naidu, a former District Judge to conduct an inquiry into the allegations of medical negligence in the treatment of victims during COVID-19 in the VIMSAR. The report submitted by the Committee recorded that barring cases of two victims, in remaining eleven cases, the material on record did not establish medical negligence and laches by VIMSAR. Yet the report noted that there is no dispute that the victims died while undergoing treatment. For the said two victims, the report suggested that a compensation of Rs. 5 lakhs shall be paid to each of them through their legal heirs upon proper identification. Observations and Directions by the Court: The Court, after carefully perusing the report, observed that the Enquiry Authority (EA) has found an objective view of the evidence laid and has come to the correct conclusion about the deaths of two patients/victims occurred due to the medical negligence of doctors attending them at VIMSAR. It held that while it may not be sufficient to pinpoint the medical negligence of any particular doctor in the said hospital, the collective responsibility for their deaths must be affixed on the institution itself. The Court made a reference to a common judgment dated 30th June 2021 in two writ petitions i.e. Reepak Kansal v. Union of India and Gaurav Kumar Bansal v. Union of India, wherein the Supreme Court of India dealt with two public interest litigation (PIL) petitions seeking directions to the Central and State Government to provide ex gratia monetary compensation to the families of the victims of the Covid-19 pandemic. It also heavily relied upon the ratio laid down in Pt. Parmanand Katara v. Union of India, AIR 1989 SC 2039 and Paschim Banga Khet Mazdoor Samity v. State of West Bengal, (1996) 4 SCC 37, in consonance of which no person can be denied adequate standard of medical care in Government health institutions. It quoted the observations made in Katara (supra), which stressed the role of the State in ensuring medical facilities for people, "…In a welfare state the primary duty of the Government is to secure the welfare of the people. Providing adequate medical facilities for the people is an essential part of the obligations undertaken by the Government in a welfare state…. Article 21 imposes an obligation on the State to safeguard the right to life of every person. Preservation of human life is thus of paramount importance. The Government hospitals run by the State and the medical officers employed therein are duty bound to extend medical assistance for preserving human life. Failure on the part of a Government hospital to provide timely medical treatment to a person in need of such treatment results in violation of his right to life guaranteed under Article 21."Consequently, the Court held that the present case is related to claim for compensation for violation of the fundamental rights of two victims and is fully supported by the decisions of the Supreme Court. The Court expressed its satisfaction over the conclusions arrived at by the EA, which it believed to be based on the evidence laid before him. Accordingly, the Court proceeded on to direct the following: On or before 15th April 2022, the State shall pay Rs.50,000/- as ex gratia amount to the victims (if alive) and the next of kin of the victims who have died, on account of the Covid-19 disaster whose names have been mentioned in the report of Shri A.B.S. Naidu, Retired District Judge; Rs.5 lakhs shall be paid each to the families of the two victims who died, as compensation for their respective deaths on account of the medical negligence. This will be in addition to Rs.50,000/- ex gratia amount which will be payable to the said families. Further, it directed VIMSAR, to file an affidavit of compliance with the above directions through its Medical Superintendent on or before 2nd...

COVID-19 Deaths | Orissa High Court Directs The State To Pay Compensation For Negligence By State-Run Medical Facility

Jyoti Prakash Dutta

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