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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
KARDAK ETE
Ashok Kr. Sen S/O. Lt. Adhik Ch. Sen – Appellant
Versus
State of Assam – Respondent
| Table of Content |
|---|
| 1. allegations of medical negligence and surgery outcomes (Para 2 , 4 , 5 , 6) |
| 2. enquiry report shows complications post-surgery (Para 7 , 8) |
| 3. state offers compensation despite lack of negligence finding (Para 9 , 10) |
| 4. fundamental right to health recognized (Para 11 , 12 , 13) |
| 5. direction to pay compensation within specified timeframe (Para 14 , 15 , 16 , 17) |
JUDGMENT (ORAL)
KARDAK ETE, J.
Heard Mr. D. Deka, learned counsel for the petitioners. Also heard Mr. P. N. Goswami, learned Additional Advocate General for the State of Assam and Mr. D. P. Borah, learned Standing Counsel, Health and Family Welfare Department.
2. These writ petitions have been filed seeking monetary compensation to the petitioners alleging gross medical negligence by the treating doctors while undertaking the eye surgery at B. P. Civil Hospital, Nagaon (which is a government hospital under the State of Assam).
3. Having considered that the issue involved in these writ petitions is similar on facts and laws, same are taken up analogously and disposed of by this common judgment.
4. The petitioners, hailing from economically backward strata of the society, were suffering from the eye ailment and got t
The right to health is a fundamental right under Article 21, allowing compensation claims for human rights violations even in the absence of negligence.
The right to health is a fundamental right under Article 21, warranting compensation for violations even without proving negligence by the State.
The State is liable for negligence leading to medical malpractice infringing fundamental rights, mandating compensation under Article 21.
Medical negligence must be supported by conclusive evidence; sympathetic views do not replace the requirement for such evidence.
A medical practitioner cannot be held liable for negligence without substantial evidence proving standard of care was not met.
Medical Negligence – Doctors should carefully and honestly listen to complaints of patients and try to redress the same – No credible reliance can be put on respondent’s written version which was not....
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