July 21, 2024

Legal Action Against Al-Firdous Nursing Home: Compensation Granted in Patient’s Tragic Death

“Legal Action Against Al-Firdous Nursing Home: Compensation Granted in Patient’s Tragic Death”

Death of a patient:
Nursing Home Attached, Complainant Compensated

Bandipora, Dec 13, KNT: On the directions of the State Consumer Disputes Redressal Commission Srinagar, Police have attached Al-Firdous Nursing Home located at Nowpora Bandipora in the presence of Executive Magistrate 1st Class Bandipora.

These directions from the Commission came after the death of a 35-year-old female patient at the said Nursing Home in 2007. After the death of the lady, the family of the victim approached the Commission seeking action against the Assistant Surgeon Dr Bilquees and her husband (owner of the Nursing Home).

The Commission in its judgment had maintained that the respondents Dr Bilquees and her husband Firdous Ahmed Mir who owns Al-Firdous Nursing Home located at Nowpora Bandipora have not compiled with standard operation procedures provided. They were conducting surgeries in a clinic that is unauthorized and not registered with the competent authority and therefore we find the complainant has succeeded in establishing his case. Accordingly, an amount of Rs 7.50 lakhs is awarded as compensation to the complainant along with interest at the rate of 9% from the date of filing of the complaint. Besides Rs 25000 as litigation charges are also awarded to the complainant which the respondents are directed to deposit before this Commission within a period of 6 weeks from the date of order.

The Commission as per the news agency Kashmir News Trust gave its verdict in 2019, however, after the abrogation of Article 370, the Commission became defunct and when it started its operations again in April 2023, Advocate Advocate Bashir Ahmed Tak moved an application that the respondents (judgment debtors)are avoiding their presence before the Commission.

Justice (Retired) Sunil Hali accordingly directed the police to attach the clinic in question.

The complainant, a resident of Malangam Bandipora stated that her wife Shareefa Begum had some genealogical problems as a consequence of which she consulted Dr Bilquees at her nursing home owned by her husband on 30.12.2006. She was advised to undergo certain tests which were done. She was also advised to undergo ‘Dilation and Curettage’ test. On the fateful day of 6.1.2007, the patient visited the nursing home and deposited Rs 1200 as fees for the conduct of the test. The complainant in his complaint had claimed that her wife was taken into the consultation room but negligence during the conduct of the test resulted in excessive loss of blood as a consequence of which the patient died.

Pertinently, back then an FIR was lodged in this regard at the instance of Block Medical Officer. [KNT]

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