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State Human Rights Commission holds Government vicariously liable for negligence of Government doctors

Chennai :  The Tamil Nadu State Human Rights Commission (SHRC) held that the state was vicariously liable for the acts of negligence by the doctors of government hospital. The Commission member D Jayachandran passed the order on a suo-moto complaint initiated on the basis of a newspaper report which reported that a woman carried a pair of scissors in her abdomen for 12 years due to the negligence of the doctors who had operated her in Government Hospital, Tiruttani. The victim faced difficulties and the pair of scissors was removed by doctors of Rajiv Gandhi Government General Hospital after 12 years. The State Human Rights Commission has ordered compensation of 10 Lakhs to the family of the victim woman.

The SHRC said “ Article 21 of the constitution of India guarantees the fundamental right to life for every citizen. Hence, the right of a citizen to preserve one’s life and get medical treatment on time was considered by the Supreme Court and Madras High Court”.