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Medical Negligence: On SCDRC directions Police attach Nursing Home in Bandipora
Husband of deceased patient awarded Rs 7.5 lakh compensation
12/13/2023 11:01:01 PM
Early Times Report

Srinagar, Dec 13: On the directions of the State Consumer Disputes Redressal Commission (SCDRC) Srinagar, Jammu and Kashmir Police have attached a private nursing home in North Kashmir’s Bandipora district.
According to the details available with Early Times, Police attached a Nursing Home located at Nowpora Bandipora in the presence of Executive Magistrate 1st Class Bandipora.
Pertinently, the commission passed these directions in the death of a 35-year-old female patient at the said Nursing Home in 2007. After the death of the woman, the family of the victim had approached the Commission seeking action against the Assistant Surgeon and her husband (owner of the Nursing Home).
The Commission in its judgment had maintained that the respondents Dr Bilquees and her husband who owns the Nursing Home located at Nowpora Bandipora have not compiled with standard operation procedures. They were conducting surgeries in a clinic that is unauthorized and not registered with the competent authority and therefore we find the complainant has succeeded in establishing his case. Accordingly, an amount of Rs 7.50 lakhs is awarded as compensation to the complainant along with interest at the rate of 9% from the date of filing of the complaint. Besides Rs 25000 as litigation charges are also awarded to the complainant which the respondents are directed to deposit before this Commission within a period of 6 weeks from the date of order.
The Commission had given its verdict in 2019, however, after the abrogation of Article 370, the Commission became defunct and when it started its operations again in April 2023, the family of the victim moved an application that the respondents (judgment debtors)are avoiding their presence before the Commission. Justice (Retired) Sunil Hali accordingly directed the police to attach the clinic in question.
The complainant, a resident of Malangam Bandipora stated that his wife Shareefa Begum had some gynecological problems for which she consulted the doctor at the nursing home owned by her husband on 30.12.2006. She was advised to undergo certain tests which were done. She was also advised to undergo ‘Dilation and Curettage’ test. On the fateful day of 6.1.2007, the patient visited the nursing home and deposited Rs 1200 as fees for the conduct of the test.
The complainant in his complaint had claimed that his wife was taken into the consultation room but negligence during the conduct of the test resulted in excessive loss of blood as a consequence of which the patient died.
Pertinently, back then an FIR was lodged in this regard at the instance of Block Medical Officer.
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