A writ petition sought compensation and dietary provisions for a minor whose mother died after admission to a government hospital. The Court examined affidavits regarding the medical treatment and referral, found no negligence made out, and dismissed the petition.
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GAHC010034232017
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4798/2017
NURJAHAN SULTANA
REPRESENTED BY HER GRANDMOTHER, HAMSA BIBI, W/O. SALIM ALI, R/O. DAISINGARI VILLAGE, BARPETA DISTRICT, ASSAM.
VERSUS
THE STATE OF ASSAM and 6 ORS.
REPRESENTED BY THE COMMISSIONER and SECRETARY TO THE GOVT. OF ASSAM, HEALTH and FAMILY WELFARE A DEPTT., DISPUR, GUWAHATI781006, ASSAM.
2:THE DIRECTOR
DIRECTORATE OF HEALTH SERVICES GOVT. OF ASSAM HENGRABARI GUWAHATI-781036 ASSAM.
3:THE MISSION DIRECTOR
NATIONAL HEALTH MISSION JAYA NAGAR KHANAPARA GUWAHATI ASSAM.
4:MEDICAL OFFICER
PATHSALA SUB-DIVISIONAL HOSPITAL ASSAM.
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5:SUPERINTENDENT
FAKHRUDDIN ALI AHMED MEDICAL COLLEGE and HOSPITAL BARPETA ASSAM.
6:THE COMMISSIONER and SECRETARY
DEPTT. OF PANCHAYAT and RURAL DEVELOPMENT 'C' BLOCK 2ND FLOOR ASSAM SECRETARIAT GUWAHATI ASSAM PIN-78006.
7:THE UNION OF INDIA
REP. BY THE SECRETARY OF MINISTRY OF HEALTH AND FAMILY WELFARE GOVT. OF INDIA NEW DELHI
Advocate for the Petitioner : Mr. S. K. Chakma, Advocate
Advocate for the Respondents : Mr. B. Gogoi, SC, Health
BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
Date of Hearing : 11.11.2024 Date of Judgment : 11.11.2024
JUDGMENT AND ORDER (ORAL)
Heard Mr. S. K. Chakma, the learned counsel appearing on
behalf of the petitioner. Mr. B. Gogoi, the learned counsel appears on behalf of the Health and Family Welfare Department
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of Assam.
(i) To issue a direction for a constitution of a Committee of doctors including a pediatrician and a dietitian for charting out a nutritious dietary plan for the petitioner for the next two years;
(ii) To issue direction for making provisions of the nutritional requirements of the petitioner free of cost by the respondent No.1 at least for the next two years in accordance to the dietary plan and charted out; and
(iii) To issue direction for payment of compensation of an amount of Rs.2,00,000/- to the petitioner and her family for the maternal death of the petitioner's mother and the failure of the State Public Health System to protect her and the trauma caused to the petitioner and her family.
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patient. Under such circumstances, the attendants of the petitioner’s mother took a decision to hire a private ambulance. It was also mentioned that after resuscitation the patient's vitals were stabilized for referral fitness and then shifted to FAAMCH.
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Constitutional tort on the basis of the materials on record.
JUDGE
Comparing Assistant
1 issue framed by the court
Is the petitioner entitled to compensation for the death of her mother in a government hospital on the ground of medical negligence?
Nurjahan Sultana
The State of Assam and 6 Ors
Devashis Baruah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
