"Entirely Possible That Lapses Were There": Orissa HC Orders Inquiry Into Complaints Of Medical Negligence At State-Run COVID Facility

The Bench of Chief Justice Dr. S. Muralidhar and Justice Savitri Ratho took cognizance of a letter sent by one Gyanadutta Chouhanthe, highlighting, inter alia, the health crisis and Covid-19 mismanagement in western Orissa.

In particular, the letter drew attention to the lack of proper medical facilities at the VIMSAR.

It was alleged, inter alia, that the medical professionals and authorities in charge of VIMSAR's management had behaved irresponsibly and displayed insensitivity to the plight of the Covid19 victims.

Pursuant to a direction of the court, the Sambalpur district collector had constituted a three-member committee to investigate the veracity of the allegations, however, the committee concluded that ther was no shortage of medicine and no instances of lack of treatment.

Thereafter, the Petitioner in person, filed nine affidavits of persons whose close relatives purportedly suffered on account of lack of proper or timely treatment.

Taking into account all the nine affidavits, the Bench observed thus:

"The issues raised in the letter of the Petitioner, as well as the affidavits of the nine deponents, raises serious questions involving the fundamental right to health which is an inherent part of right to life under Article 21 of the Constitution. VIMSAR is one of the premier medical institutions of the State catering to the medical needs of the population of western Odisha. It has to function in the manner befitting its status of providing the highest standard of care and treatment to everyone for that purpose."

Further, the Court noted that while during COVID-19 times all resources were indeed stretched and many medical personnel and nursing staff went beyond the call of duty to render tireless service, it was entirely possible that there were lapses.

Therefore, the Court considered it appropriate to direct that an independent inquiry by a retired District Judge be held in Sambalpur itself to elicit the complete facts and submit a report to this Court on completion of such inquiry.

The inquiry officer has been directed to initiate the process of inquiry within a week from the date of publication of the notification.

Further, the inquiry officer has also been instructed to give suggestions, after consulting expert witnesses, on the steps taken to improve the existing medical infrastructure and the standard of medical treatment and care provided at VIMSAR and generally in other government medical/health facilities.

He has been directed to give his suggestions regarding payment of compensation where the allegation of lack of proper medical treatment and care and/or medical negligence stand established.

Case title - Gyanadutta Chouhan v. The Additional Chief Secretary to Government, Health and Family Welfare Department

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