| The Commission has received a
complaint from Shri Lenin Raghuvanshi, a human rights activist from
Varanasi, Uttar Pradesh referring to a news report published by the
"Amar Ujala" revealing that a new born underweight baby died in Badaun
district of Uttar Pradesh as the doctors did not provide an incubator at
the SNCU ward of the government hospital for about 12 hours. The
complainant has alleged that the baby was admitted in the SNCU ward only
after a bribe of Rs. 5,000/- was paid by the family and the death has
occurred due to delay and negligence by the hospital staff. The
complainant has requested the Commission to intervene into the matter.
Pursuant
to the direction of the Commission, the Chief Medical Superintendent
Women Hospital, Badaun, submitted report dated 01.06.2024 which was
considered by the Commission vide its proceeding dated 02.07.2024. The
Commission subsequently, issued show cause notice as under:
“The
Commission has considered the material placed on record. The present
complaint pertains to medical negligence in treatment of a new born
underweight baby which ultimately led to her death within 24 hours. The
action taken report denied any medical negligence and submitted that all
medical treatment was provided. However, the report does not inspire
the confidence of the Commission for the following reasons:
i.
The defense of the hospital that there was delay in admission of baby
as there was no bed available and same was conveyed to the parents, is
shallow, misleading and supports the allegations of the complainant
about medical negligence.
ii. The report revealed that there was
no bed available and in view of serious condition, the baby was referred
to higher set-up but parents were refused to do so and left the
hospital with baby. As per referral guidelines for health facilities in
Uttar Pradesh of Dept. of Medical, Health & Family Welfare, Lucknow,
it is mandatory for the hospital, that “in the case of emergency
referral, if the patient‘s condition is critically dangerous warranting
continuing medical support, or if there is a chance to worsen, demanding
emergency resuscitation, an appropriately functional medical ambulance
should be made available.” The report failed to address the issue of
providing ambulance in view of serious condition of the baby to take her
higher set-up.
iii. It was the responsibility of the
SNCU/District Hospital, in view of serious condition of the baby, to
make arrangement of ambulance to take them to the higher set-up.
iv.
Admittedly, the pediatric ventilator is not available in the said SNUC.
It also appears that pediatric incubator was also not available.
v.
Admittedly, the baby was premature and low weight; in such condition,
she might have required the ventilator/incubator. Whether unavailability
of pediatric ventilator/incubator in SNCU and its importance in
treatment of baby was conveyed to parents?
vi. After 12 hours, a bed got vacant due to death of another baby.
vii.
The purpose of establishing SNCU in each District Hospital is to save
lives of children in specific age group or with specific health
condition and it is surprising that a specialized services such as SNCU
i.e. Special Newborn Care Unit, is running without pediatric ventilator
and incubator.
viii. The Technical Specifications of Medical
Devices for SNCU, 2015 released by the Ministry of Health and Family
Welfare, Govt. of India, makes mandatory to have pediatric ventilator/
incubator.
ix. Moreover, the Tookkit guide for setting up SNCU,
of the UNICEF, also makes mandatory to all SNCU at the district level to
have ventilator/incubator to deliver necessary quality treatment.
In
view of aforesaid findings and observations of the Commission, it is
apparent there was negligence not just on the part of Hospital to
provide required counseling to the parents and ambulance service to the
baby but also on the part of state administration to provide necessary
equipments to the concerned SNCU, resulting death of a new born baby
victim. Apparently, this negligence violated the deceased baby's Right
to Health and Right to Life as enshrined under Article 21 of
Constitution of India for which the State Govt. is vicarious liable.
Therefore, the Commission directs its Registry to issue Show Cause
Notice u/s 18 of the Protection of Human Rights Act, 1993 to the Govt.
of Uttar Pradesh through its Chief Secretary, as to why Commission
should not recommend a compensation of Rs. 2,00,000/- (Rs. Two Lakhs
Only) to the NoK of deceased baby, within six weeks.
In addition,
let direction be issued to the Chief Secretary, Govt. of Uttar Pradesh,
is directed to submit action taken report with respect to provide all
necessary equipments including pediatric ventilator and incubator to the
concerned SNCU, so as to prevent such incidents in future. Response
within six weeks.”
In response, the Commission received a
copy of communication dated 6/8 July 2024 from the Jt. Secretary, Home
(HR) Section-I, Govt. of Uttar Pradesh addressed to the Principal
Secretary, Dept. of Medical, Health and Family Welfare, requesting
therein to submit response to the Commission’s show cause notice.
The
Commission has considered the material placed on record. Pertinently,
the Commission had issued show cause notice keeping in view of facts and
circumstances of the case, prevailing legal principals, referral
guidelines for health facilities in Uttar Pradesh issued by Dept. of
Medical, Health & Family Welfare, Technical Specifications of
Medical Devices for SNCU, 2015 released by the Ministry of Health and
Family Welfare, Govt. of India, and Tookkit guide for setting up SNCU,
of the UNICEF.
However, no response to the Commission’s show
cause notice has been received from the Dept. of Medical, Health and
Family Welfare, despite passage of more than four months. It appears
that the Dept. of Medical, Health & Family Welfare, Govt. of Uttar
Pradesh, has nothing to urge in the matter. Therefore, the Commission confirms its show cause notice and directs the Govt. of Uttar Pradesh through its Chief Secretary, to
release compensation of Rs. 2,00,000/- (Rs. Two Lakhs Only) to the NoK
of deceased baby, and submit compliance report along with proof of
payment within six weeks.
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