Victim of medical carelessness gets justice after decade-long legal battle
Monday, 16 November 2009 13:25
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A girl who lost an eye and had some of her organs including the skin damaged after consuming medicines prescribed by a doctor ten years ago, has got partial justice Sunday with the Supreme Court (SC) ordering compensation for her.

A joint bench of justices Bala Ram KC and Mohan Prakash Sitaula upheld Patan Appellate Court's verdict ordering Blue Cross Nursing Home and its doctor Dinesh Bikram Shah to pay a compensatory fine of Rs. 6,17,000 to the victim, 23-year-old Srijana K.C.

The court has also ordered the health ministry to devise a proper regulation governing issues like doctor-patient relation, prescription and compensations within 18 months.

Speaking to reporters after the verdict, KC said, "More than the compensation, I am happy with the precedent the SC has set with the decision."

I hope the court's verdict will help protect others from suffering due to carelessness of doctors, she added.

In 1999, a 13-year-old girl Srijana had gone to Blue Cross Nursing Home in Tripureshwar after severe headache. She developed further complications after she consumed a medicine prescribed by Dr. Shah for 20 days.

The girl's mother Sarita KC had approached Kathmandu District Administration Office (DAO) for compensation which ordered the doctor and the nursing home to pay Rs 1,17,000 in compensation to the victim.

Unsatisfied with the DAO's decision, the victim had filed a writ petition against the doctor and the nursing home demanding a compensation of Rs 1.8 million for financial and mental loss ensued by the wrongly prescribed medicine. nepalnews.com


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CT  - Cautiously Optimistic   |71.190.75.xxx |2009-11-16 16:43:39
Good news...but hope this doesn't open floodgates with frivolous claims to harr
the medical professionals.
Birkha lal  - Medical facility may hike   |118.94.20.xxx |2009-11-16 10:56:51
Dear Friends,

If the Dr Shaha had done carelessness than the decision is OK.
Yes some of the commentator has thaken a physician as a professional. yes it is
right but it would not be right to take only a professional there are some
differences.
people these days including the doctors cosider them as a
professional.
every medicine and surgical procedures have its adverse effect
and to whom it happens no body knows i think even the god doesnot know. Some
times medicine can take your life.
it is your choice to take or not to take the
risk. Risk like plane crash during air travel. No one can guarentee.

If this
type of compansatory activities increases than the health facility cost
increases more than 1000 times. which will have worse situation than
today's.
Lets hope for better future.
Yes in hospital all dr should have their
id Name in dress, Name and position and NMC no. in Prescription.
Claer
information to pati...
Suresh Thapa   |113.199.134.xxx |2009-11-16 10:35:36
THANKS TO SC TO SET AN EXEMPLARY DECISION.
ALSO THANKS TO THE VICTIM AND FAMILY
FOR THEIR PATIENCE-WELL DONE!!! AND CONGRATULATIONS!!!!!
Dika  - compensation? Is this all   |115.64.201.xxx |2009-11-16 10:05:06
And of course, the compensation is tiny as compard to the loss and suffering the
client and her family had undergone for this long time and continue for ever.
The compensation of such loss must be based on the calculation of lifelong
deprivation and incapacity to the person. For example, if the loss has caused
significant disability to prevent effective carry out jobs/ duties, her life
long pension should be made available by the government, and likewise
punishmnent and fines for the perpetrators. In any case, such a neglect and harm
from the medical practioners should be punished by puttin sanction to the
doctor's professional service to be made effective everywhere for certain number
of years, and then only after thorough testing of his conduct and professional
capacity tested, he should be allowed to practice in limited conditions. But for
all this ministry shoudl research what is the best practice around the globe.
Play...
Dika  - Good example   |115.64.201.xxx |2009-11-16 09:57:59
This is a good example of a relatively a brave decision to fine the culprit
doctor and the nursing home. There should be laws not only to fine the wrong
doers, but also to put sanction on medical practice by the culprit doctor and
cease the authority to do any health practice by the Nursing home. As indicated,
the health ministry should work hard by researching the international good
practices in countries like UK, Australia, Norway etc. to forte regulations
regarding prescription, testing doctor's professionalility, and health
practioner client relationships. Strong measures should be placed in proper,
legally adequate doentation of every action by health practioners and pharmacies
to the client (patients), so that monitoring of good and bad practice can be
done and investigations made easy and correct when needed. Any way thanks for
this brave and just decision by the court.
rajiv neupane  - rules of law   |202.79.37.xxx |2009-11-16 09:48:04
if the doctors found to be the defaulters, there should be the provision of
cancelling lisence the hold.....
gajendra  - Compensation to Srijana   |84.128.251.xxx |2009-11-16 07:33:15
Although the verdict is for the victim, I am not satisfied with the compensatoin
granted to Srijana. Any human would understands what level of mentle and
phisical suffering this little girl has gone through. And a example of uncapable
justice sytem took 10 years to come to this end. This is one of the main reason
why people took the justice on their hand and choose to other means of getting
justice.
Nepal Voice  - Have a say...part1   |122.109.75.xxx |2009-11-16 07:14:01
Absolute Justice….I am glad this has come about and the doctors/hospital have
been found liable/Guilty. These culprits must be brought to Justice and must be
given harsh punishment so we can set good examples. Doctors/Hospital must be
found liable for their negligence and must be punishable for their action.
Unfortunately, Doctors/Hospital negligence regularly goes unreported in Nepal
and underdeveloped countries just because they are worshipped as God.
Nepal Voice  - Have a say....part 2   |122.109.75.xxx |2009-11-16 07:12:57
NO, they are not God’s.
People should stop worshipping doctors as god. They
are just like any other human who happen to pursue this profession and have
taken oath to help the needy. We should not allow these Doctors and Hospitals to
take advantage of illiterate people. And Nepal government must take proactive
action to ure these incidences do not occur and if it does, doctors/hospitals
should be responsible. But, I suppose corruption and politicians power struggle
or Girija’s health comes first, and all other civilians comes last. Why? Every
human life is as important as another. At least this is what is believe develop
country. Whether you are the PM or a cleaner all gets similar care and
importance – if this incident had occurred in our country the
doctor’s/hospital would have been crucified.
So say, No to God Doctors and
yes to just Doctor’s.
Neapl Vocie  - Have a say...   |122.109.75.xxx |2009-11-16 07:10:55
Absolute Justice….I am glad this has come about and the doctors/hospital have
been found liable/Guilty. These culprits must be brought to Justice and must be
given harsh punishment so we can set good examples.Doctors/Hospital must be
found liable for their negligence and must be punishable for their action.
Unfortunately, Doctors/Hospital negligence regularly goes unreported in Nepal
and underdeveloped countries just because they are worshipped as God.
NO, they
are not God’s.
People should stop worshipping doctors as god. They are just
like any other human who happen to pursue this profession and have taken oath to
help the needy. We should not allow these Doctors and Hospitals to take
advantage of illiterate people. And Nepal government must take proactive action
to ure these incidences do not occur and if it does, doctors/hospitals should be
responsible. But, I suppose corruption and politicians power struggle or
G...

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Last Updated on Monday, 16 November 2009 13:29