The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 15185 of 2012 Smt. Bharati Biswal . ..…... Petitioner M/s. J.M. Pattanaik, Adv. -Versus- The Secretary, Department of Health & Family Welfare of State of Odisha & others .……. Opposite Parties
Legal Reasoning
Mr. Sonak Mishra, ASC Mr. Bimbisar Dash, Adv. (for O.P.3) CORAM: DR. JUSTICE S.K. PANIGRAHI
Decision
ORDER 13.03.2024 1. This matter is taken up through hybrid arrangement. 2. Heard learned counsel for the parties. 3. The present Writ Petition has been filed by the Petitioner with the following prayer: Order No. 02. “Under the above circumstances, the Petitioner most humbly and respectfully prays that the Hon’ble Court may graciously be pleased to issue a Writ of mandamus or any other appropriate writ/writs, order/orders to the Opposite Party to show cause as to why compensation to the tune of Rs.5,00,000/- + Rs.2,00,000/- towards the expenses incurred for the above purpose shall not be imposed/awarded; failure to show sufficient cause, this Hon’ble Court may be pleased to pass appropriate direction/order releasing the aforesaid amount in favour of the Petitioner within the time stipulated by this Hon’ble Court; Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: High Court of Orissa Cuttack Date: 18-Mar-2024 19:19:54 2 And further be pleased to pass any other order/orders as deemed fit and proper;” 4. Learned counsel for the Petitioner submits that the Petitioner was admitted in Kanas Public Health Centre for the purpose of her first delivery and a male child was born through cesarean operation conducted by the Opposite Party No.3/Dr. Lingaraj Swain. After completion of operation, Dr. Lingaraj Swain stated to the husband of the Petitioner that at the time of stitching, a portion of the needle remained in the vaginal wall which would be removed after one month. From the day one, the Petitioner was feeling acute pain in her lower abdomen. On being asked, the concerned doctor/Opposite Party No.3 suggested and prescribed some pain killer. 5. Learned counsel for the Petitioner further submits that, as the Petitioner felt unbearable pain on the lower abdomen, she was taken to Kanas Public Health Centre. But the Opposite Party No.3/Dr. Lingaraj Swain did not cooperate the Petitioner. Thereafter, the husband of the Petitioner contacted one doctor named Mr. S.B. Pattanaik of Sanjeevani Hospital, Puri, who advised him to bring the patient to the Hospital. After examining the Petitioner, the said doctor suggested some Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: High Court of Orissa Cuttack Date: 18-Mar-2024 19:19:54 medicines and also advised to admit her in Puri Hospital. When the medicine did not resist the pain, the Petitioner was 3 taken to Kanas Public Health Centre where the Opposite Party No.3 seeing the condition of the Petitioner referred her to Capital Hospital, Bhubaneswar. An ultra sound test was made as per the advice of the doctor of Capital Hospital. The ultra sound report clearly disclosed that a small piece of needle was remain inside the abdomen of the Petitioner. He further submits that after confirmation of the existence of the needle inside the abdomen of the Petitioner, operation was conducted by a team of doctors to remove the portion of the needle. After completion of eight days, again a team of doctors of Capital Hospital, Bhubaneswar consisting of 15 numbers of doctors conducted 2nd round operation of urinal passage of the Petitioner and the needle was removed. He further contends that due to negligence of the State, the Petitioner has suffered. Hence, the Petitioner is constrained to approach this Court. 6. Learned counsel for the Opposite Parties submits that there was profuse bleeding from vaginal wall of the Petitioner after the delivery of the baby on that day and to control the bleeding, the vaginal wall of the Petitioner was stitched during which a portion of the stitching needle was broken. He further Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: High Court of Orissa Cuttack Date: 18-Mar-2024 19:19:54 submits that the Petitioner was examined by Dr. Suvendu Bikash Pattnaik, O&G Specialist PPC, DHH, Puri. But the exact date of treatment is not available on the prescription pad. The 4 Petitioner was admitted in District Headquarter Hospital, Puri for treatment on 25.07.2011 vide OPD registration no.1794. But she was not admitted in District Head Quarter Hospital, Puri for removal of the broken needle. The Petitioner is now continuing her pregnancy with LMP as evident from the mother and child tracking register of CHC, Kanas. He further contends that no authority at the Government level has made any deliberate deed to intentionally put the Petitioner in any kind of trouble. Rather, she has been explained adequately about the fact after the delivery and there was no negligence on the part of any of the doctors and other staff in treating her. He further submits that the doctor who was supervising the surgery of the Petitioner is no more. 7. Considering the pain suffered by the Petitioner due to the remnant of the needle which was left inside the vaginal cell causing unbearable pain for such a long time and the same had also impacted her child bearing capacity, the State being the parens patriae is directed to pay Rs.50,000/- (Rupees fifty thousand) towards the compensation for such a prolong pain due to negligence of the doctor of PHC, Kanas. Though the Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: High Court of Orissa Cuttack Date: 18-Mar-2024 19:19:54 aforesaid amount cannot obliterate the pain of the Petitioner, this Court thinks this will at least be a bliss to a poor woman. 5 The said amount be paid by the Opposite Party No.2/The C.D.M.O., Puri within a period of one month from today. 8. Accordingly, this Writ Petition is disposed of. Judge ( Dr. S.K. Panigrahi) Murmu Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: High Court of Orissa Cuttack Date: 18-Mar-2024 19:19:54