INDIA: A women dies due to the alleged negligence of hospital staff after her delivery in West Bengal 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-270-2006
ISSUES:

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from its local partner in India, MASUM concerning the death of a young woman, who died a few hours after giving birth due to the medical negligence of staff at the Sadikhandear Block Primary Center (Health) [B.P.C.H.] in Jalangi Block, Murshidabad district, West Bengal, India on 12 July 2006. The victim died inside a privately hired car without any medial facilities while being transferring to the maternity section of the Baharampur District Hospital. The staff of the Sadikhandear B.P.C.H. allegedly mistreated the victim and even did not provide any ambulance for her despite being fully aware of her urgent condition and the vehicle in which the victim was supposed to be shifted.

Ms. Lipika Sharma (22), the wife of Mr. Bidhan Chandra Sharma residing in Chanderpara village, Sahebrampur post office, Jalangi police station, Murshidabad district, West Bengal, India was admitted to Sadikhandear B.P.C.H. at about 9:00am on 11 July 2006 while she was  in labour.

At that time, Dr. Sanjay Saha, the In-Charge of the B.P.C.H. was absent from his duty station. Two female Trained Dai (T.D.-trained midwife) then attempted to forcibly conduct a check-up on Lipika without permission from the on-duty doctors and nurses. Previously on June 26, the same two midwifes checked on Lipika when she was suffering from profuse bleeding during her pregnancy and had allegedly caused her severe pain. Therefore, Lipika refused a check-up by the two midwives on July 11.

At 1:30pm on the same day, one doctor on duty booked a call for Dr. Sanjay Saha when Lipika went to that B.P.C.H. writhing in pain. But Dr. Saha didn’t bother to attend Lipika. In the absence of Dr. Saha, one nurse on duty, who is the wife of Dr. Asish Ghosh of the hospital, told Lipika’s family that they should transfer her to the maternity section of the Baharampur District Hospital. The hapless family immediately called a man named Bappa Roy of Sahebrampur who had a car for hire. Bappa reached the hospital with his car in no time. The family members then requested Dr. Baijayanti Saha take the initiative in producing referral documents for Lipika to Baharampur maternity section for better treatment. But Dr. Baijanti Saha refused the same for Lipika’s uncle Mr. Nitya Gopal Sharma and suggested the family not transfer her to the Baharampur maternity section.

Thereafter, Lipika’s condition worsened and further deteriorated. Her family then requested Dr. Ashis Ghosh, the Super of the hospital to take the initiative. Dr. Ghosh administered saline water and some injection to Lipika at about 9:30pm at the same night. Subsequently, Lipika delivered baby girl. Dr. Ghosh left the hospital thereafter and Lipika started bleeding constantly after delivering the child. The nurse (and Dr. Ghosh’s wife) booked a call to Dr. Ghosh but he simply prescribed some medicines over the telephone instead of attend the patient in person. The nurse gave that prescription to Lipika’s father who immediately bought the medicines.

After that, Lipika’s family thought the danger was over and asked Bappa to go back to his home. But at about 2:00am of the next day (July 12), Lipika’s condition was getting more and more critical. When her mother called an on-duty nurse for help, she booked a call for Dr. Saha. At the same time, a staff of the hospital Mr. Subhash Pal took Lipika’s father to the official quarter of Dr. Saha. When they awoke Dr. Saha, who was in deep sleep at that time, and requested him to attend Lipika, he only prescribed an injection and referred her to Baharampur maternity section.

Lipika’s family again called Bappa Roy for his car immediately. Even though Dr. Saha was fully aware that the car did not have any simple medical gadgets to administrate saline to any person, he did not take any action to attend this matter. On his part he also had not prescribed the same or any medicines for emergency on the way. In this circumstance, Lipika’s family tried to take her to the Baharampur maternity section to save her life. However, all their efforts were in vain due to these indifferent and callous medicos. Lipika’s death is another number in the list of their dead due to the unconcerned attitude of health officials to commoners and the poor deliverance system of the state’ health care scheme.

To save their fellow doctors, Baharampur maternity section authority admitted Lipika or more precisely her body at 4:00am on their register and put the time of Lipika’s death at 4:21am. However, her family insists that an on-duty nurse corroborated that Lipika had been already dead during her mock admission to the maternity section.

Dr. Sanjay Saha is practicing in a nursing home named ‘Life Line’ just beside the Sadikhandear B.P.C.H., which is a for profit facility. Lipika’s family reported that in past when they took her to Dr. Saha for regular check ups, he suggested them to admit her in the said nursing home. He also advised Lipika to deliver a child by scissorian delivery and asked for a deposit of Rs. 6,000 (USD 130) for that. Lipika’s family did not accept his advice and went to Dr. Asish Ghosh for further treatment, Dr. Ghosh referred for an Ultra Sonography Test (USG), which was done at Baharampur on May 15. Dr. Shrimanta Kumar Pal, the USG specialist assured Lipika’s family that her condition was quite normal and the delivery would be a normal one. Later, Dr. Ghosh also agreed with Dr. Shrimanta Kumar Pal.

On July 20 at 11:00am, Lipika’s family went to the Jalangi police station to lodge a complaint against Dr. Sanjay Saha for his negligence which caused the death of Lipika. But Mr. Somnath Bannerjee, the Officer-in-Charge (O.C.) of the Jalangi police station, refused to take their complaint and instead advised them to lodge a complaint to the station by post. Upon his suggestion, Lipika’s family sent the complaint through “Jit’s Courier Service” and also sent copies of the complaint to Superintendent of Police of Murshidabad district and Sub Divisional Police Officer of Domkal by registered post. However, all their complaints have not been treated as a First Information Report (FIR) thus far.

On July 17, regarding the victim’s death, Dr. Sanjay Saha wrote a statement that shows his negligence. He stated that Lipika was admitted at 9:15am on July 11 and he went to attend her at 12:50pm, nearly four hours after her admission. He also accepted that he received another call at 1:15am on the next day at his residence but did not attend the victim due to his so-called “illness” and said that Dr. Ghosh attended her and referred her at 1:30am. However, he also tried to escape from his responsibility by making lame excuses, saying that Lipika’s family resisted him to check on her and refused his assistance.

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SAMPLE LETTER

Dear ________,

Re: INDIA: A women dies due to the alleged negligence of hospital staff after her delivery in West Bengal

Name of the victim: Ms. Lipika Sharma, aged 22, wife of Mr. Bidhan Chandra Sharma, resided in Chanderpara village, Sahebrampur post office, Jalangi police station, Murshidabad district, West Bengal, India
Complainant: Mr. Manindra Kumar Sharma, aged 52, son of late Shib Nath Sharma of Dayarampur village, Jalangi police station, Murshidabad district (the victim's father) 
Name of the alleged perpetrator: Dr. Sanjay Saha, the second Medical Officer of the Sadikhandear Block Primary Center (Health) [B.P.C.H.], Jalangi Block, Murshidabad district, West Bengal, India
Place of Incidence: According to the victim's parents, Lipika died during her way from the said B.P.C.H. to Matrisadan, Maternity section of the Baharampur District Hospital in a hired private car without any medical facilities 
Date of Incidence: 12 July 2006 at about 3:00am

I am writing to bring to your attention the death of the young woman mentioned above, who died a few hours after giving birth due to the medical negligence of staff at the Sadikhandear Block Primary Center (Health) [B.P.C.H.] in Jalangi Block, Murshidabad district, West Bengal, India on 12 July 2006.

The victim died inside a privately hired car without any medial facilities while being transferred to the maternity section of the Baharampur District Hospital. The staff of the Sadikhandear B.P.C.H. allegedly mistreated the victim and even did not provide any ambulance to her despite being fully aware of her urgent condition and that the vehicle in which the victim was supposed to be shifted in had no emergency medical equipment.

Below is a description of the negligence conducted by the staff of the Sadikhandear B.P.C.H. to which I have been informed:

1. Dr. Sanjay Saha did not attend the victim when she writhing in pain at the hospital at 1:30pm on July 11. In the absence of Dr. Saha, one nurse on duty (Dr. Asish Ghosh's wife) of the hospital told her family to transfer her to the maternity section of the Baharampur District Hospital. However, when the family requested Dr. Baijayanti Saha to take the initiative and produce referral documents for the victim to Baharampur maternity section, he refused and suggested that the family not transfer her to the Baharampur maternity section. Thereafter, Lipika's condition worsened and further deteriorated.

2. The same night (July 11), the victim delivered a baby girl. Soon after the attending doctor left the hospital, she started bleeding constantly. The nurse made a call to Dr. Ghosh but he simply prescribed some medicines over telephone instead of attend the patient in person.

3. At about 2:00am of July 12, Lipika's condition was getting more and more critical. When a staff of the hospital Mr. Subhash Pal took Lipika's father to Dr. Saha, who was in deep sleep at that time, did not attend the victim and only prescribed an injection and referred her to Baharampur maternity section. 

4. As the hospital did not provide an ambulance, Lipika's family called Bappa Roy of Sahebrampur to hire his car. Even though Dr. Saha was fully aware that the car did not have any equipment that could administer saline to the patient, he still did not take any action in attending to this matter. He also had not prescribed the same or any medicines for emergency on the way. The victim died under these circumstances on the way to the Baharampur maternity section due to unconcerned attitude of health officials to commoners and the poor deliverance system of the state' health care scheme.

5. On July 17, regarding the victim's death, Dr. Sanjay Saha wrote a statement that shows his negligence. He stated that Lipika was admitted at 9:15am on July 11 and he went to attend her at 12:50pm, nearly four hours after her admission. He also admitted that he received another call at 1:15am on July 12 at his residence but did not attend the victim due to his so-called "illness". 

I am also disturbed to know that on July 20 at 11:00am, Mr. Somnath Bannerjee, the Officer-in-Charge (O.C.) of the Jalangi police station, refused to record Lipika's family's complaint against Dr. Sanjay Saha for his negligence at 11:00am on July 20. Instead he advised the family to lodge a complaint to the station by post. Lipika's family sent the complaint through Jit's Courier Service and also sent copies of the complaint to the Superintendent of Police of Murshidabad district and Sub Divisional Police Officer of Domkal by registered post. However, all their complaints have still not been treated as a First Information Report (FIR). 

In light of the above, I urge you to ensure that a proper departmental inquiry is conducted into the victim's death. If the negligence of the hospital staff is proven to be the reason for her death, those responsible should be accountable for their misconduct. I also urge you to ensure that the victim's family's complaint is registered at the police station and that the police investigate the incident so that possible criminal action can also be taken against those responsible. I further urge you to ensure that adequate compensation is provided to the victim's family. The Ministry for Health and Family Welfare of India, as well as the equivalent department of the West Bengal state government must take strong steps to improve the deliverance system of the state's health care scheme in order to prevent such unnecessary death.

Yours truly,


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PLEASE SEND YOUR LETTERS TO:

1. Dr.  Surjya Kanta Mishra
Minister
The Health & Family Welfare Department 
West Bengal state government
Swastha Bhavan,
GN-29, Sector-V,
Salt Lake
Kolkata-700091
INDIA
Tel: +91 33 2357 3600
Fax: +91 33 2357 7910 or 2357 7907
E-mail: michealth@wb.gov.in or sechealth@wb.gov.in 

2. Dr. Anbumani Ramadoss
Union Minister for Health and Family Welfare
Ministry of Health and Family Welfare
Nirman Bhawan, 
New Delhi-110011
INDIA 
Tel: 91 11 2306 1647 or 2301 8863
Fax:  +91 11 2301 4252
E-mail: hfm@alpha.nic.in

3. Mr. Buddhadeb Bhattacharjee
Chief Minister/ Minister of Home Department
Government of West Bengal
Writer's Building
Kolkata - 700 001
West Bengal
INDIA
Fax: +91 33 2214 5480/ 2214 1341

4. Justice Shyamal Kumar Sen
Chairperson
West Bengal Human Rights Commission
Bhabani Bhavan, Alipore
Kolkata - 700027
INDIA
Tel: +91 33 4797259 / 5558866
Fax: +91 33 4799633
Email: wbhrc@cal3.vsnl.net.in 

5. Justice A. S. Anand
Chairperson
National Human Rights Commission of India
Faridkot House, Copernicus Marg 
New Delhi-110001
INDIA
Tel: +91 11 2307 4448
Fax: +91 11 2334 0016
E-mail: chairnhrc@nic.in

6. Mr. Paul Hunt
Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health 
OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10
Switzerland
Fax: +41 22 917 90 06
E-mail: urgent-action@ohchr.org


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org

Document Type : Urgent Appeal Case
Document ID : UA-270-2006
Countries : India,