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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MANASH RANJAN PATHAK
Junaki Mega. W/o. Tuki Mega – Appellant
Versus
State Of A.P., Represented By The Commissioner And Secretary, Govt. of AP, Health And Family Welfare Deptt. – Respondent
| Table of Content |
|---|
| 1. negligence and lack of facilities in healthcare. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 2. responses and denials of health officials. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 3. acknowledgement of negligence due to lack of medical facility. (Para 19 , 20 , 21) |
| 4. responsibility of state for inadequate health services. (Para 22) |
| 5. compensation to be awarded for negligence. (Para 23 , 24 , 25 , 26 , 27 , 28 , 29) |
JUDGMENT :
(M. R. Pathak, J.)
Heard Ms. K. Nada Maling, learned counsel for the petitioner and Mr. Taba Tagum, learned Standing Counsel, Health and Family Welfare Department, for the respondent Nos. 1 to 4. Also heard Ms. P. Pangu, learned Government Advocate, Arunachal Pradesh for the respondent No. 5.
2. The petitioner, Junaki Mega alleged that her daughter-in-law, Miti Mega wife of Amar Mega, aged about 23/24 years, after giving birth to a baby boy at District Hospital, Roing on the night of 10.07.2015, subsequently, after about 5½ hours of giving birth to her said baby, she expired on 11.07.2015, because of profuse bleeding, due to negligence committed by and on the part of the Doctors of District Hospital at Roing, Lower Dibang Valley, Arunachal Prade
The State is obligated to provide adequate medical facilities, and negligence in this regard, particularly during childbirth, can lead to liability for resulting harm or death, as demonstrated in thi....
Absence of doctor in government Primary Health Centre during labour, coupled with nurses leaving patient unattended before delayed referral, constitutes institutional negligence violating right to li....
The right to health is integral to the right to life under Article 21, necessitating timely and adequate medical care, which was grossly violated in the case of the deceased, leading to her avoidable....
The obligation of the State to provide adequate maternal healthcare is fundamental under Art.21 of the Constitution.
No negligence established; compensation denied for maternal death.
The state has a constitutional obligation under Article 21 to ensure the right to life is protected by maintaining standards in medical care.
(1) PPH – In the absence of timely and appropriate action, the young patient died because of PPH.(2) PPH – In the developed world PPH is a largely preventable and manageable condition. It is pertinen....
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