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