The Orissa High Court has ordered an inquiry into alleged medical negligence in the treatment of victims during COVID-19 pandemic in the Veer Surendra Sai Institute of Medical Sciences and Research (VIMSAR) at Burla, a premier State-run medical institute in western Odisha.
The Orissa HC had received a complaint through e-mail from a person identified as Gyanadutta Chouhan about lack of proper medical facilities at VIMSAR and insensitivity shown by doctors and paramedics to COVID-19 victims.
On direction of the court, the Sambalpur district collector had constituted a three-member committee to investigate the veracity of the allegations. The committee in its report said there was no shortage of medicine and no instances of lack of treatment.
Subsequently, petitioner Mr. Chouhan had filed nine affidavits of persons whose close relatives purportedly suffered on account of lack of proper or timely treatment at VIMSAR during the pandemic.
A division bench comprising Chief Justice S. Muralidhar and Justice Savitri Ratho observed that each of the nine affidavits revealed prima facie that the victims did not receive the requisite medical treatment at VIMSAR and that needless deaths had occurred as a result.
Stating that these were only prima facie conclusions and the proof of the averments would require to be established by a proper inquiry, the HC appointed A.B.S. Naidu, a former District Judge, as inquiry officer to examine the instances set out in the nine affidavits and whether there was medical negligence in the treatment of the victims of those cases.
“The issues raised in the letter of the petitioner as well as the affidavits of the nine deponents raise serious questions involving the fundamental right to health which is an inherent part of right to life under Article 21 of the Constitution. VIMSAR is one of the premier medical institutions of the State catering to the medical needs of the population of western Odisha,” the bench observed.
“While during COVID-19 times all resources were indeed stretched and many medical personnel and nursing staff went beyond the call of duty to render tireless service, it is entirely possible that there were lapses. Whether this was for the reasons beyond the control of the doctors, nurses and staff of VIMSAR and whether it was avoidable, can properly be established only in a detailed enquiry which should be held in an impartial manner to ensure that justice is done in accordance with law,” the judgment says.
The inquiry officer is to initiate the process of inquiry within a week from the date of publication of the notification, the bench directed.
The inquiry officer has also been instructed to give suggestions, after consulting expert witnesses, on meaures to improve the existing medical infrastructure and the standard of medical treatment and care provided at VIMSAR and generally in other government medical or health facilities in his report.