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
April 24,2024

columbia.jpg

Pro-Gaza US protesters in New York's Columbia University say they will stay put despite the university's harassment and police crackdown.

The protesters said they refuse to concede to "cowardly threats and blatant intimidation" by university administration, asserting that they will continue to peacefully protest.

Columbia University threatened the students with the national guard after refusing to bargain in good faith.

The university announced a midnight deadline for talks regarding the removal of pro-Palestine encampments on the varsity campus, warning that their campsite will be forcefully cleared by police if no agreement is reached.

The university campus is being used as a campsite for hundreds of pro-Palestine protesters and other activists, who have gathered and set up numerous tents.

Pro-Palestinian protests at colleges have demanded that their universities divest from corporations doing business with Israel or profiting off the war in Gaza. At Columbia, protesters have also asked the university to end a dual-degree program with Tel Aviv University.

The deadline was announced by Columbia University President Minouche Shafik late Tuesday, as authorities across major American universities have launched their repression campaigns against the pro-Palestinian protests on campuses, amid rising anger over US's support for Israel. 

Shafik has issued a midnight deadline to protesters and organizers, warning that failure to comply will result in the forcible clearance of the camp by the New York Police Department (NYPD).

The university has engaged in discussions with student leaders behind the protests, which are part of a series of protests taking place at various colleges nationwide and resulting in multiple arrests.

The purpose of these talks is to address the encampment on the west lawn of Columbia's Morningside Heights campus.

American universities are grappling with the challenge of maintaining a delicate balance between the right to protest and freedom of speech, while also ensuring campus rules and safety, as tensions surrounding the ongoing war in Gaza continue to permeate across campuses.

Meanwhile, Shafik underscored the importance of free speech and the right to demonstrate, but highlighted significant safety issues, disruptions to campus activities, and a strained environment due to the encampment. She firmly stated that any form of intimidation, harassment, or discrimination would not be accepted.

The arrest of more than 100 protesters at Columbia University last week led to more campus demonstrations, at New York University, Yale, and the University of California, Berkeley.

Palestinian university professor Sami al-Arian said what is happening across US university campuses is unprecedented.

Al-Arian said, "I lived four decades in the US, 28 years of which were in academic settings. During my time, it was a very challenging struggle to present an anti-Zionist narrative."

"But the passion, courage, humanity, creativity, and determination displayed these days by students across US campuses make me proud. The Zionist grip on US society is weakening and waning."

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News Network
April 29,2024

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Bagalkot, Apr 29: Prime Minister Narendra Modi on Monday accused the Congress of planning religion-based reservation in the country for the sake of vote bank politics but asserted that he will not let it happen.

He said this Congress proposal is to appease minorities as the SC/ST and OBC community is now with the BJP.

"In Karnataka, Congress has started a campaign to change the Constitution and to snatch away the rights of SC/ST and OBCs. Our Constitution does not accept religion-based reservation. But the Karnataka government has given part of OBC reservation to Muslims," Modi said.

Addressing a mega election rally in this district headquarters town, he said, "They (Congress) will not settle with this. They had earlier too in their manifesto said about coming out with a law to provide religion-based reservation. There is a similar signal in their manifesto this time."

"I want to make my Dalit, SC/ST and OBC brothers and sisters aware about Congress' intentions. These people on the basis of religion, to keep their vote bank safe, are planning to loot your right which was given by Babasaheb Ambedkar and the Constitution," he added.

Veteran BJP leader B S Yediyurappa, BJP candidates and MPs from Bagalkot (Bagalkot) and Vijayapura (Bijapur) - P C Gaddigoudar and Ramesh Jigajinagi, respectively - were among those present at the rally.

Noting that most of SC, ST and OBC MPs in the Parliament are from BJP, Modi said, "So they feel that as SC, ST and OBC are with BJP. To gain the trust of minorities, they want to loot from SC, ST and OBC and give it to minorities. Will you let this happen?"

"I want to guarantee today to my Dalit, Adivasi and OBC brothers and sisters. I will not let such intentions of Congress be successful. To protect your rights, your reservation, Modi will go to any extent. I'm assuring you this," he added.

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News Network
April 25,2024

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Electronics Corporation of India Ltd and Bharat Electronics Ltd have refused to disclose the names and contact details of the manufacturers and suppliers of various components of EVMs and VVPATs under the RTI Act citing "commercial confidence", according to RTI responses from the PSUs to an activist.

Activist Venkatesh Nayak had filed two identical Right To Information applications with the ECIL and BEL, seeking the details of the manufacturers and suppliers of various components used in the assembling of the electronic voting machines (EVMs) and voter-verifiable paper audit trail (VVPATs).

The VVPAT is an independent vote verification system which enables electors to see whether their votes have been cast correctly.

The ECIL and the BEL, public sector undertakings under the Ministry of Defence, manufacture EVMs and VVPATs for the Election Commission.

Nayak also sought a copy of the purchase orders for the components from both PSUs.

"Information sought is in commercial confidence. Hence details cannot be provided under Section 8(1)(d) of the RTI Act," BEL said in its response.

A similar response was sent by ECIL which said the details requested are related to a product which is being manufactured by ECIL, and third party in nature.

"Disclosing of details will affect the Competitive position of ECIL. Hence, Exemption is claimed under section 8(1) (d) of RTI ACT, 2005," it said.

In response to the purchase order copies, ECIL's central public information officer said the information is "voluminous" which would disproportionately divert the resources of the Public Authority.

"Further, the information will give away the design details of EVM components. The same may pose a danger to the machines produced. Hence, the exemption is claimed U/s 7(9) and under section 8(1)(d) of RTI Act, 2005," ECIL said.

Section 8(1)(d) of the RTI Act exempts from disclosure the information, including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information.

Section 7(9) of the Act says the information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question.

"I don't know whose interests they are trying to protect against the right to know of close to a billion-strong electorate. ECIL said that disclosure of the purchase orders will reveal the design details of the components and this may pose a danger to the machines produced. ECIL did not upload even a signed copy of its reply on the RTI Online Portal," Nayak said.

He said it is reasonable to infer that the two companies are not manufacturing every single item of the EVM-VVPAT combo or else the two companies would have replied that they are manufacturing all these components internally without any outsourcing being involved.

"But the electorate is expected to take everything about the voting machines based on what the ECI is claiming in its manuals and FAQs," Nayak said.

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