Woman gets 15 lakh payout in 'medical negligence' case

Agencies
August 2, 2019

Mumbai, Aug 2: The state consumer commission in Maharashtra has directed a civic-run hospital in Navi Mumbai and a Chembur-based hospital to pay over Rs 15 lakh compensation to a woman whose husband died nine years ago due to "medical negligence".

In a recent order, the Maharashtra State Consumer Disputes Redressal Commission said while one hospital could not recognise the illness of her husband, the other did not provide proper medical treatment to him.

The victim, Datta Sherkhane (40), an employee of BPCL, was treated for malaria instead of myocarditis (a heart ailment) at the Navi Mumbai Municipal Corporation Hospital in 2010, his wife Swati alleged.

She later shifted her husband to Chembur-based Sushrut Hospital, where the woman claimed that there was a delay in treatment, leading to her husband's death.

In 2011, the woman moved the Maharashtra State Consumer Disputes Redressal Commission seeking compensation on account of "medical negligence" in treatment of her husband.

In her complaint, Swati Sherkhane said, on May 10, 2010, she took her husband to the civic hospital as he was feeling uneasy and feverish.

At the hospital, Datta Sherkhane was provided anti- malaria drugs. But after returning home, he developed chest pain, headache and nausea, she said.

Datta Sherkhane was admitted to the hospital where medical tests were carried out on him, she said in her petition to the commission.

Swati Sherkhane alleged despite his ECG suggesting critical cardiac abnormality, doctors continued with the malaria treatment.

Finding no improvement in his health, she took her husband to the Chembur hospital on May 11, 2010.

She said though her husband was suffering from a heart disease, neither was a 2D ECHO test conducted nor a cardiologist summoned by the hospital.

She said cardiologists were called only the following day by which time Datta Sherkhane's condition had deteriorated.

Moreover, the cardiologists were unable to come to the hospital in time and Datta Sherkhane died after suffering a cardiac arrest the same afternoon, she said.

After perusal of details and argument placed on record, the commission found the two hospitals, along with their doctors, administrators and medical superintendents guilty of "negligence of duty".

It directed them to pay a compensation of Rs 15 lakh with an interest of 9 per cent per annum from the date of Datta Sherkhane's death to his wife.

The panel also told them to pay her Rs 15,000 towards the cost of litigation.

"It can be said that the doctors of the corporation hospital could not recognise the illness of the complainants husband.

"And, though doctors at Sushrut Hospital recognised the illness (myocarditis), they did not give him proper medical treatment by calling a cardiologist in time, the commission observed in its order.

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News Network
March 2,2020

New Delhi, Mar 2: The Supreme Court on Monday dismissed a curative petition filed by convict Pawan Kumar Gupta who was sentenced to death in the 2012 Nirbhaya gang rape and murder case.

A five-judge bench headed by Justice N V Ramana said that no case is made out for re-examining the conviction and the punishment of the convict.

Other members of the bench were justices Arun Mishra, R F Nariman, R Banumathi and Ashok Bhushan.

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News Network
June 23,2020

Jun 23: US President Donald Trump has issued a proclamation to suspend issuing of H-1B visas, which is popular among Indian IT professionals, along with other foreign work visas for the rest of the year.

Trump said the step was essential to help millions of Americans who have lost their jobs due to the current economic crisis.

Issuing the proclamation ahead of the November presidential elections, Trump has ignored the mounting opposition to the order by various business organisations, lawmakers and human rights bodies.

The proclamation that comes into effect on June 24, is expected to impact a large number of Indian IT professionals and several American and Indian companies who were issued H-1B visas by the US government for the fiscal year 2021 beginning October 1.

They would now have to wait at least till the end of the current year before approaching the US diplomatic missions to get stamping. It would also impact a large number of Indian IT professionals who are seeking renewal of their H-1B visas.

“In the administration of our Nation's immigration system, we must remain mindful of the impact of foreign workers on the United States labour market, particularly in the current extraordinary environment of high domestic unemployment and depressed demand for labour,” said the proclamation issued by Trump.

In his proclamation, Trump said that the overall unemployment rate in the United States nearly quadrupled between February and May of 2020 -- producing some of the most extreme unemployment rates ever recorded by the Bureau of Labor Statistics.

While the May rate of 13.3 percent reflects a marked decline from April, millions of Americans remain out of work.

The proclamation also extends till the end of the year his previous executive order that had banned issuing of new green cards of lawful permanent residency.

Green card holders, once admitted pursuant to immigrant visas, are granted "open-market" employment authorisation documents, allowing them immediate eligibility to compete for almost any job, in any sector of the economy, he said.

“American workers compete against foreign nationals for jobs in every sector of our economy, including against millions of aliens who enter the United States to perform temporary work. Temporary workers are often accompanied by their spouses and children, many of whom also compete against American workers,” Trump said.

“Under ordinary circumstances, properly administered temporary worker programmes can provide benefits to the economy. But under the extraordinary circumstances of the economic contraction resulting from the COVID-19 outbreak, certain non-immigrant visa programmes authorising such employment pose an unusual threat to the employment of American workers,” he said.

For example, Trump said, between February and April of 2020, more than 17 million United States jobs were lost in industries in which employers are seeking to fill worker positions tied to H-2B nonimmigrant visas.

“During this same period, more than 20 million United States workers lost their jobs in key industries where employers are currently requesting H-1B and L workers to fill positions,” he said.

“Also, the May unemployment rate for young Americans, who compete with certain J non-immigrant visa applicants, has been particularly high -- 29.9 percent for 16-19-year-olds, and 23.2 percent for the 20-24-year-old group,” he said.

“The entry of additional workers through the H-1B, H-2B, J, and L non-immigrant visa programmes, therefore, presents a significant threat to employment opportunities for Americans affected by the extraordinary economic disruptions caused by the COVID-19 outbreak,” Trump said.

Trump observed that excess labour supply is particularly harmful to workers at the margin between employment and unemployment -- those who are typically "last in" during an economic expansion and "first out" during an economic contraction.

In recent years, these workers have been disproportionately represented by historically disadvantaged groups, including African Americans and other minorities, those without a college degree, and Americans with disabilities, he said.

The proclamation suspends and limits entry into the US of H-1B, H-2B and L visas and their dependents till December 31, 2020. It also includes certain categories of J visas like an intern, trainee, teacher, camp counselor, or summer work travel programme.

The new rule would apply only to those who are outside the US, do not have a valid non-immigrant visa and an official travel document other than a visa to enter the country.

According to the proclamation, it does not have an impact on lawful permanent residents of the United States and foreign nationals who are spouses or child of an American citizen.

Foreign nationals seeking to enter the US to provide temporary labour or services essential to the food supply chain are also exempted from the latest proclamation.

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News Network
February 21,2020

New Delhi, Feb 21: Global terror financing watchdog FATF on Friday decided continuation of Pakistan in the "Grey List" and warned the country that stern action will be taken if it fails to check flow of money to terror groups like the LeT and the JeM, sources said.

The decision has been taken at the Financial Action Task Force's plenary in Paris.

The FATF decided to continue Pakistani in the "Grey List". The FATF also warned Pakistan that if it doesn't complete a full action plan by June, it could lead to consequences on its businesses, a source said.

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