The Meghalaya High Court has today rejected the plea of a mother of a woman who died at Nongpoh Civil Hospital for alleged negligence of the medical officer and nursing staff.
Pharmon Dohling, a resident of Mawdiangum village near Nongpoh in Ri-Bhoi district had filed a writ petition in the High Court alleging failure of the system in providing timely and adequate medical assistance to her daughter Melina Dohling who was brought to Nongpoh Civil Hospital for emergency treatment following complications which occurred after the delivery of her child on January 30, 2016. Dohling also stated that due to the negligence of the medical officer and nursing staff, the woman died on the same day itself as a consequence of placenta retention.
Dohling in her petition sought an order from the High Court to direct the Health Department to provide a compensation of Rs 5 lakh or any amount as the court may deem fit and proper for the failure of the State public health system to protect the life of her daughter and the subsequent trauma caused to her and her family.
She also sought for a court order to the Health Department to ensure that every health centre has the complete Home Delivery Kit as per the IPHS guidelines, immediate appointment of a permanent Anaesthetic at the Nongpoh District Hospital and a disciplinary action against the doctor on-duty in the emergency / maternity ward during the time of the maternal death.
N Syngkon, the lawyer for Dohling said that Melina Dohling developed complications soon after giving birth apparently due to placenta retention. Stating that she was immediately taken to Nongpoh Civil Hospital in an auto-rickshaw, he said that on arrival at the hospital, she was made to wait for about 20-25 minutes and by the time she was attended to by the medical officers and nursing staff, she could not be saved and soon after she passed away on the same day itself, that is, on January 30, 2016.
The main grievance of the petitioner is that there was abject negligence on the part of the medical staff at the said hospital inasmuch as when the patient was brought in with heavy bleeding (hemorrhage) and low blood pressure, she should have been given immediate attention even to the extent of being administered injection of ergometrine and oxytocin or oxytocin alone which would have helped the womb to contract and push out the placenta and membrane.
Syngkon said the procedure which could even be carried out by the ASHA worker was not followed as the hospital was not equipped with adequate supply and storage of the required drug to administer the injection. He also said that the absence of a regular Anesthetist at the hospital to administer anesthetics to Melina Dohling at the crucial period has also resulted in her death.
However, State government lawyer S Sahay told the High Court that Melina Dohling had delivered the baby at her own home on January 30, 2016 between 10 am to 11 am and she was brought to Nongpoh Civil Hospital at 1:50 pm on the same day only after complications of retained placenta arose.
Sahay also said that allegations of medical negligence can suitably be dealt with by experts having working knowledge of the subject matter. He also said that committees like the Ethics Committee of the Medical Council, the Consumer Forum and also a Civil Court can be best suited for this purpose and exercise.
Agreeing with the points raised by Sahay, the High Court came to the conclusion that firstly, an application for issuance of an appropriate writ under Article 226 of the Constitution may not be proper since there are disputed issues of facts which could only have been resolved by the petitioner proceeding before an appropriate forum.
“Accordingly, this petition is found to be devoid of merits, the same is hereby dismissed. Before parting, without prejudice to the observations made hereinabove, this court would opine that the petitioner is at liberty to pursue the matter before an appropriate forum, if so advised, for which the time spent before this court would stand condoned,” Justice Wanlura Diengdoh said in the judgement.
