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IN THE HIGH COURT OF ORISSA AT CUTTACK
S.MURALIDHAR, M.S.RAMAN
Sambara Sabar – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. avoidable maternal death due to negligence (Para 1 , 2) |
| 2. disputed facts regarding negligence (Para 3) |
| 3. lack of treatment directly linked to death (Para 6 , 7) |
| 4. questionable conduct of medical staff (Para 8 , 11) |
| 5. systemic failures of health care (Para 20 , 21) |
| 6. failure of welfare schemes (Para 24 , 25) |
| 7. compensation for avoidable death (Para 33 , 34) |
| 8. action against negligent health workers (Para 35 , 36) |
| 9. development of a comprehensive action plan (Para 38 , 39) |
JUDGMENT :
S. Muralidhar, C.J.
1. Aggrieved by the avoidable ‘maternal death’ of his daughter-in- law Martha Sabar, who died after delivering a dead female child, the Petitioner has approached this Court with the present petition praying inter alia for the appointment of a Maternal Death Review Board comprised of independent members and for this Court to thereafter direct payment of compensation by the State. The Petitioner has also prayed for disbursal to the family of the deceased, her financial entitlements under the National Maternity Benefit Scheme (NMBS). General directions are also sought for the proper implementation of the various schemes of the central and state government including the Ja
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 judgment establishes the obligation of the state to preserve the right to life and health, and emphasizes the need for effective implementation of welfare schemes to reduce infant and maternal mo....
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....
Point of Law : Under the public law remedy as a palliative measure, Court may award appropriate compensation and that the compensation awarded will be in addition to the claim for damages or compensa....
The obligation of the State to provide adequate medical services to the people, as established in Pt. Parmanand Katara v. Union of India and Paschim Banga Khet Mazdoor Samity v. State of West Bengal,....
Medical negligence—Death of a young promising Lawyer— in such a case for choosing multiplier, age of deceased and not that of mother would have to be taken into consideration Compensation of Rs.10,00....
The State and its medical facilities must ensure timely and adequate care; failure constitutes gross medical negligence resulting in liability for compensation.
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