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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P A Hameed Padubidri
November 26,2025

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Constitution Day, also known as Samvidhan Divas, is observed every year on November 26 to honor the adoption of the Constitution of India and to recognize the visionary effort that shaped the world’s largest democracy.

Historical Background

It’s on November 26, 1949, the Constituent Assembly of India formally adopted the Constitution.This date is commemorated to acknowledge the completion of nearly three years of drafting, debate, and refinement.

On January 26, 1950, the Constitution came into force, marking India’s transition from a dominion to a sovereign republic.

The date 26 January was chosen to honor the “Purna Swaraj” declaration made in 1930 that marked the relentless efforts & sacrifices of the many. 

Why Constitution Day is Celebrated

* To honor & remember the framers of the Constitution, especially Dr. B. R. Ambedkar, the Chairman of the Drafting Committee, & many others. 

* To remind the citizens of the values, responsibilities, and rights enshrined in the Constitution.

* To promote constitutional values & literacy among students, institutions, and the general public.

* To reaffirm the nation’s commitment to justice, equality, liberty, fraternity and secular values. 

Vision and Significance of the Constitution

It establishes the fundamental political and legal framework for the nation.

Defines the structure, powers and functions of:
    •    The Executive
    •    The Legislature
    •    The Judiciary
    •    Guarantees a comprehensive set of Fundamental Rights, including:

-Equality before law
-Freedom of speech & expression
-Protection of life and personal liberty
-Freedom of religion
-Embeds Directive Principles of State Policy, guiding governance toward social justice and welfare.
-Introduces Fundamental Duties to ensure civic responsibility among citizens.

Key Features Celebrated on Constitution Day

-The Indian constitution is considered one of the longest written constitutions of the world. It’s systematically drafted considering almost all aspects that properly fits to the country. 

-Blend of multiple global constitutional principles while staying rooted in Indian values and realities.

-Framework that balances Federalism, Secularism, Democracy and Rule of Law. This makes everyone-from President to common man-below the law & are equal in the sight of law. 

-Another feature is that it’s based on built-in mechanisms for amendments, ensuring the Constitution grows with changing needs.

Message of the Day

The core ethos of this  Constitution Day is not merely about looking back at history-it’s a reminder of the continuous duty to protect democratic values, respect diversity and uphold the principles that define India as a sovereign, socialist, secular and democratic republic.

Happy Constitution Day to all my compatriots

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