Orissa High Court has directed the state government to provide a compensation of Rs 5 lakh each to families of two Covid-19 patients who died due to medical negligence at the Veer Surendra Sai Institute of Medical Sciences and Research (VIMSAR) at Burla in western Odisha.

It has also directed the state government to pay Rs 50,000 each to the next of kin of 11 others who died of Covid-19.

The court ordered the VIMSAR medical superintendent to file an affidavit on compliance of the directives on or before May 2. Though the order came on March 23, the judgment was uploaded on the high court website on Friday.

On July 7 last year, the court had directed retired district judge A.B.S Naidu to examine the allegations mentioned in the email sent to it by Gyanadutta Chouhan on May 23, 2021, highlighting the health crisis, Covid-19 mismanagement and lack of proper medical facilities at VIMSAR.

Naidu held an inquiry during which he examined 13 witnesses and returned his findings to the high court in a 23-page report on October 29, 2021.

In its order issued on March 23, 2022, the high court said: “It has no difficulty in proceeding to award compensation for the deaths of Prasant Pruseth and Sahazadi Begum on account of medical negligence. The compensation amount as recommended by the Enquiry Authority of Rs 5 lakh to be paid to the next of kin of each of the said two deceased appears reasonable. The court accordingly directs the State of Odisha to compensate the families of the two victims in the sum of Rs 5 lakh each which should be apart from the ex gratia sum of Rs 50,000, which will also become payable.”

The court also observed that while it might not be sufficient to pinpoint the medical negligence of any particular doctor at VIMSAR, the collective responsibility for their deaths must be affixed on the institution itself.

The court has also directed that a compensation of Rs 50,000 each should be paid to the next of kin of the 11 patients who succumbed to Covid-19. “On or before 15th April 2022, the State shall pay Rs 50,000 as ex gratia amount to the victims (if alive) and the next of kin of the victims who have died, on account of the Covid-19 disaster whose names have been mentioned in the report of A.B.S. Naidu, retired District Judge,” the court directed.

The court has also mentioned that in a welfare state, the primary duty of the government is to secure the welfare of the people.

“Providing adequate medical facilities for the people is an essential part of the obligations undertaken by the Government in a welfare state…” it pointed out.

“The government hospitals run by the state and the medical officers employed therein are duty bound to extend medical assistance for preserving human life. Failure on the part of a government hospital to provide timely medical treatment to a person in need of such treatment results in violation of his right to life guaranteed under Article 21. It is no doubt true that financial resources are needed for providing these facilities. But at the same time it cannot be ignored that it is the constitutional obligation of the State to provide adequate medical services to the people,” the court observed.

A native of Bargarh district, Chauhan had sought a court-monitored probe into these incidents and demanded action against the hospital authorities and the erring officials.

The high court maintained that VIMSAR, being one of the premier medical institutions of the state catering to the medical needs of the population of western Odisha, had to function in the manner befitting its status in providing the highest standard of care and treatment to everyone.