Error of judgment on the part of medical authorities
STAFF REPORTER
GUWAHATI: The Gauhati High Court recently directed the Assam Government to pay an amount of Rs 5 lakh as compensation to a woman, whose husband died in jail because timely appropriate and adequate medical facility was not provided to him due to an error of judgment on the part of medical authorities regarding his medical condition.
The division bench of Justice Achintya Malla Bujor Barua and Justice Robin Phukan was hearing a writ petition (WP(C)/3363/2017) filed by Shahar Banu, wife of Idrish Ali. The petitioner claimed that her deceased husband was arrested by the police personnel of Dhing Police station along with Special Task Force (in short STF), Jakhalabandha in connection with Dhing Police Station Case No. 322/2016 under Sections 25(1)(A) of the Arms Act read with Section 51(1)(A) of the Wildlife Protection Act, 1972. But, while he was in custody of the police authorities, the husband of the petitioner died on 25.08.2016. The writ petition was filed claiming for appropriate compensation to the family members of the deceased by raising an allegation that he died due to internal injuries inflicted upon him by the police personnel of Dhing police station along with STF of Jakhalabandha and because of negligence on the part of the jail authorities.
The government advocate argued that the medical report as well as the post-mortem report would indicate that it was more of a case of natural death rather than a death caused due to any injuries being inflicted on the person arrested by the police or by the jail authorities. But the court observed from the medical death report provided by the Medical and Health Officer, Central Jail, Nagaon as well as the post-mortem report, that the death of the husband of the petitioner apparently took place because of Cardiomegaly, which was a result of Myocardial Infarction.
Cardiomegaly in medical terms is understood to be a serious condition which can result in congestive heart failure. Some of the signs and symptoms associated with the medical condition Cardiomegaly are heart palpitations, severe shortness of breath, chest pain, coughing when lying down, fatigue, leg swelling, increased abdominal girth, weight gain, edema, fainting etc.
“If the medical condition Cardiomegaly is associated with the aforesaid symptoms and many such symptoms were noticed by the medical authorities to be prevailing in respect of the deceased husband of the petitioner when he was examined on 23.08.2016, 24.08.2016 and 25.08.2016, a question would naturally arise as to why the medical authorities who had examined the deceased husband of the petitioner could not apply its medical mind and arrive at some kind of diagnosis that there is a possibility of it being a case of Cardiomegaly and accordingly immediately refer him for the specialized medical treatment and diagnosis.”
The court relied upon the judgment of the Supreme Court in Nilabati Behera v. State of Orissa & Ors in which it was laid down that convicts, prisoners, or undertrials are not denuded of their fundamental rights under Article 21. The Supreme Court has said that in the event there is any violation of the fundamental right of a convict, prisoner or undertrial, it would be for the State authorities to compensate for such violation of the fundamental right notwithstanding the right of the citizen to a remedy by way of civil suit, criminal proceeding etc.
The court stated that there was an aberration of the fundamental right of the deceased husband of the petitioner and that it was an error on the part of the medical authorities not to have detected the medical condition of Cardiomegaly of the deceased and immediately refer him for specialized medical treatment for the medical condition. The court directed the Home Department of the Government of Assam to pay an amount of Rs 5 lakh as compensation to the writ petitioner and wife of deceased Idrish Ali – Shahar Banu– within a period of two months.
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