Monday, November 16, 2009
Sunday, November 15, 2009
Historic Decision In Nepal
KATHMANDU, NOV 15 - In a historic decision, the Supreme Court on Sunday slapped a compensatory fine of Rs. 617,000 on Blue Cross Nursing Home and its doctor Dinesh Bikram Shah whose “wrong medical perception” led to serious physical disability of his patient, Srijana K.C. The compensation is, however, one third of the claimed amount — Rs. 1.8 million.
The court also directed the Health Ministry to formulate separate legislation governing doctor-patient relations and issues of compensation within 18 months.It was ten long years and a tough legal battle for Srijana, now 23, and her mother Sarita K.C. with the case passing through all three tiers of the judiciary. At the age of 12, Srijana lost an eye and incurred several physical disabilities including serious damage to her face after taking drugs prescribed by Dr. Shah for 20 days.
“I am pleased that my struggle has at least contributed to secure patients’ rights,” said Srijana. “Compensation is not an issue, as it cannot bring back my eye, my da-maged organs and correct the complex disability I have incurred.” Her mother said she spent over 1.3 million rupees on Srijana’s treatment.
Dr. Shah said though the verdict was “biased” he would accept it.
Srijana’s case is the first-of-its-kind to reach the apex court. As there is no specific law governing issues of compensation related to loss of life and injuries due to wrong medical treatment, most of such cases fizzle out before reaching the court or spur violence. So far, the victims of wrong medical treatment have no other legal base than the Consumer Rights Act, which is inadequate to deal with medical issues.
“The doctor-patient relationship is still based on prescriptions and there is no legal arrangement to deal with this issue,” observed the court verdict. “Every patient has the right to know about the treatment process, effects of the drug and the doctor-patient relation should be based on ‘informed consent.”
“It is a landmark decision,” said Advocate Rama Pant of Pro Public. “Besides delivering justice to the victim, the court has moved one step further with the directive towards regulating the chaotic medical sector.”
source: kathmandu post
source: kathmandu post
Friday, November 13, 2009
Thursday, November 12, 2009
Tens of thousands of Maoist cadres picket Singha Durbar, protests largely peaceful
Cadres of Unified CPN (Maoist) clashed with riot police while staging sit-ins and other protest programmes outside the country's administrative center, Singha Durbar, from early morning, Thursday, as part of their second phase of agitation against the President's move. More than 50 Maoist cadres including senior leaders and some lawmakers of the party were injured after police resorted to baton-charge and fired tear-gas shells to prevent the crowd from entering the prohibited areas around Singha Durbar in the course of their protests.
Places like Maitighar, Anamngar and Bijuli Bazaar saw the most clashes between the police and the protesters. The situation there remained tense in these areas throughout afternoon.
Our correspondents covering the protests said Maoist leaders Amik Sherchan, Krishna Bahadur Mahara including few other Maoist lawmakers are among the injured in today's clashes. They are undergoing treatment at the Bir Hospital and Everest Nursing Home.
Earlier in the day, Maoist Chairman Pushpa Kamal Dahal along with senior Vice-Chairman Mohan Baidhya, General Secretary Ram Bahadur Thapa led the party's Singha Durbar gherao programme from Bhadrakali, Vice-Chairman Dr. Baburam Bhattarai and other senior leaders from Maitighar Mandala and Narayan Kaji Shrestha from Anamnagar.
Similarly, Amik Shrechan including others picketed the administrative center from Babar Mahal, Krishna Bahadur Mahara from the Kathmandu district Administration Office and Hisila Yami from Kalikasthan.
The Ministers and government employees reached their offices in Singha Durbar early morning in view of the Maoists' gherao programme. The government had yesterday instructed all high level government officials to compulsorily attend their offices on Thursday. Reports say, some of the ministers and high-level government employees had entered Singha Durbar before dawn
Maoist cadres from Kathmandu valley and those brought in from nearby districts including Kavre, Nuwakot, Dhading, Gorkha and Tanahun staged demonstrations at Bhadrakali, Maitighar, Babarmahal, Kalikasthan, Pradarshanimarg and other places around Singha Durbar.
The Maoist cadres sang various kinds of traditional and 'revolutionary' songs, making the atmosphere very lively and musical. Some of them even danced and found a unique way of protesting by reciting poems and performing small acts.
They obstructed the movement of vehicles in the area preventing some government employees from entering their offices in and around Singha Durbar premises.
Thousands of Maoist cadres had been brought from various districts in reserved buses to participate in the demonstration. Many of them are still on their way.
Maoists had earlier issued circulars to members of all trade unions to participate in the demonstrations.
However, the government deployed thousands of security personnel including those from Nepal Police and the Armed Police Force (APF) in and around Singha Durbar area seeing the possibility of clashes.
Vehicular movement in downtown Kathmandu was severely affected for several hours due to the demonstrations. Although, the Maoists had said they would not disturb the normal functioning of any other offices, schools or market, many schools in Kathmandu also remained closed today in view of the Maoist demonstration.
Bus ferrying Maoist cadres meets with accident, one killed
Meanwhile, a bus ferrying Maoist cadres from Gorkha to Kathmandu, who were coming to participate in the demonstrations had an accident this morning.
One Maoist cadre has been killed while more than three dozen have been injured.
Suresh Tamu, 25, of Kerabari, Gorkha, who was critically injured in the accident, died shortly after being brought to Jana Maitri Hospital for treatment. The bus was at a very high speed when the accident occurred, according to an injured of the accident. About two dozen injured have been brought to Kathmandu for treatment, while about 10 persons who had sustained injuries have returned home after basic treatment at medical stores in Anbu Khaireni.
Eight of the injured are being treated at Bir Hospital, while the remaining are being treated at Jana Maitri Hospital, Balaju. Seven of injured are in critical condition.
source: nepalnews
Arrest warrant issued against Begam
District Police Office, Parsa, on Thursday issued a warrant for the arrest of State Minister for Agriculture and Cooperatives Karima Begam on charge of assaulting Chief District Officer (CDO) Durga Prasad Bhandari. “As Begam is currently in the Capital, we have corresponded with Metropolitan Police in Kathmandu and Lalitpur for her arrest,” said Inspector Bhuwaneshowr Prasad Sah.
A police complaint under the Public Offence Act was lodged against State Minister Begam on Wednesday for slapping CDO Bhandari at his office on Tuesday. Begam, who had arrived in Parsa to attend a function, left for the Capital on Wednesday afternoon, just 20 minutes after a police case was filed against her.
According to the existing law, Begam, if found guilty, could be charged with Rs.28,000 penalty plus compensation to the victim side. Furthermore, she could also face a 35-day of custodial detention to facilitate the investigation.
The jury could also free the guilty after paperwork where the felon must make a written pledge not to repeat similar crime in the future.
source: kathmandu post
A police complaint under the Public Offence Act was lodged against State Minister Begam on Wednesday for slapping CDO Bhandari at his office on Tuesday. Begam, who had arrived in Parsa to attend a function, left for the Capital on Wednesday afternoon, just 20 minutes after a police case was filed against her.
According to the existing law, Begam, if found guilty, could be charged with Rs.28,000 penalty plus compensation to the victim side. Furthermore, she could also face a 35-day of custodial detention to facilitate the investigation.
The jury could also free the guilty after paperwork where the felon must make a written pledge not to repeat similar crime in the future.
source: kathmandu post
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