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

37 pc Nepalis hooked on tobacco; 29 pc on alcohol: Survey (Nepal)

KATHMANDU: A survey of 15-64 years old concluded in 15 districts across the country over a period of three months has unveiled a frightening data on the use of tobacco in Nepal. The survey has concluded that 37 percent of the total population in the country are tobacco users.
Though no comparable data are available due to the dearth of statistics in the past, interviewers collected data from 4,328 respondents in five development regions and three ecological zones to reason out that the use of the tobacco (both chewable and smoke) has indeed been phenomenal in Nepal. This came to light today at a dissemination seminar of the 2008 survey on “non-communicable diseases rich factors” organised in the capital. Minister for Health and Population unveiled the report.
According to World Health Organisation (WHO), heart disease, stroke, cancer, chronic respiratory
illness and diabetes are among the leading causes of mortality, associated with increasing use of tobacco, excessive alcohol consumption, physical inactivity and low intake of fruits and vegetables.
In their worst forms, the behavioural risk factors associated with the unhealthy diet and physical inactivity have contributed to high blood pressure, obesity, high blood glucose and increased cholesterol levels, which in turn cause heart diseases, cancer, diabetes and chronic lung diseases, the WHO has said.
Likewise, the recent survey has shown that on average 28.5 per cent of the total population are currently consuming alcoholic drinks. The data is again based on interviews conducted among 4,328 respondents.
The survey recommended the ministry for developing guidelines, protocols and a systematic collection of data on non communicable diseases, which it argued could help contain the diseases.
Dr Gunawan Satiadi, public health administrator at the WHO informed that the non-communicable diseases account for 80 per cent of deaths in low and middle-income countries.
He describes the non-communicable diseases as ‘invisible epidemic’ , which is also responsible for
causing poverty and hindering the economic development of many countries in the South.

source: himalayantimes