INDIA: Neglect of Vishnupur Sub-Divisional Hospital to provide emergency medical treatment to a pregnant woman

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from MASUM, a human rights organization in West Bengal, that a nine-months pregnant woman was not provided timely medical treatment by Vishnupur Sub-Divisional Hospital, Vishnupur in Bankura District, West Bengal, India. Due to this act of the hospital, the woman had to carry the dead baby for nearly one week without any appropriate treatment.

As the employees of the government hospitals are regarded as government servants, please send a letter to the local authorities to take disciplinary action against the responsible person(s) and compensate the victim. Please also call for the government of India to improve the medical service environment in government hospitals without delay.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

Name of the victim: Ms. Phalguni Chongdar, wife of Amit Chongdar, nine months pregnant
Place of the incident: Vishnupur Sub-Divisional Hospital, Vishnupur in Bankura District, West Bengal, India
Case status: Neglect of the government hospital to provide emergency medical treatment to a patient

Case details: (Based on the account of the victim’s husband)

From her early stage of pregnancy, Ms Phalguni Chongdar was under care of a gynecologist attached to Vishnupur Sub-Divisional Hospital in Bankura District, West Bengal, India. When she was nine-months pregnant, Ms Phalguni Chongdar was admitted to the hospital on 19 October 2004 according to the recommendation of the said gynecologist. After examining her, the gynecologist advised Ms Phalguni Chongdar to take an ultra sonography test (USG) as the baby did not respond well to the treatment.

However, although Ms Phalguni Chongdar waited for three days, the hospital did not schedule nor conduct a USG for her. Finally, her husband, with great anxiety, managed to prepare the money and let his wife take the test at his own expense at a private clinic on October 22. It was a great shock to Ms Phalguni Chongdar to see the test report that showed the baby was already dead.

The result of the test was immediately informed to Vishnupur Sub-divisional Hospital. However, although the baby died due to neglect of the concerned gynecologist and the hospital authority, Dr. Taritkanti Pal, on behalf of the hospital, merely told Ms Phalguni and her husband that the USG could not be conducted on the victim due to lack of human resources as only one staff was managing the USG during the Puja vacation. The victim’s husband also reported that no immediate and effective measure was taken by the hospital in order to remove the dead baby from his wife’s womb.

Accordingly, the sister of Ms Phalguni Chongdar complained to Sub-Divisional Officer (SDO)-Vishnupur, Smt. Indrani Saha about the incident, who went to the hospital and had a meeting with the doctors and relatives of Ms Phalguni Chongdar to settle the matter. After the meeting, the SDO said that the hospital promised that the child would be delivered by applying medicine soon so Ms Phalguni Chongdar’s life would be safe. Consequently, the victim received surgery at the hospital as promised. However, the woman’s father criticized the hospital saying that it had done nothing for seven days since his daughter’s admission at the hospital and for five days after being informed of the baby’s death.

The AHRC is deeply concerned by this serious case. The actions of Vishnupur Sub-divisional Hospital are in clear violation of Ms Phalguni Chongdar’s constitutional right to life guaranteed under Article 21 of the Indian Constitution and the Supreme Court judgment, Paschim Banga khet Mazdoor Samity versus State of West Bengal 1996 SOL Case No. 169.

In particular, this case is against the said Supreme Court judgment, which strictly indicated that the government hospitals and the medical officers in them are duty bound to extend medical assistance to preserve human life. The judgment also directed the central and state governments to ensure that immediate medical aid be provided to serious patients or injured persons and further directed the government of India to render necessary assistance to improve medical services in the country.

In fact, it is just one story of so many people who are suffering from disfunctioning public health care system in India.  The health service in government hospitals has collapsed due to the deliberate mismanagement of the Indian government. As a result, the people have been constrained to go to private clinics in spite of extremely high treatment costs. While the central and state governments have not taken any serious action to improve medical services in the country, the poor people are dying due to negligent treatment or denial of treatment in the government hospitals.

SUGGESTED ACTION:
Please send a letter to the Indian government authorities and request them to take disciplinary action against responsible person(s) in the hospital and compensate the victim.

To support this case, please click here: SEND APPEAL LETTER