Aizawl – The Mizoram State Consumer Disputes Redressal Commission (MSCDRC) has issued a landmark directive ordering the state government to pay a compensation of ₹52.20 lakh to the family of a 40-year-old woman who died due to medical negligence following childbirth in 2021 at the Serchhip District Hospital.
The Commission took serious note of the death of the woman, Malsawmkimi, and the stillborn child, holding the hospital staff and the state government vicariously liable for the lapses in care.
🩺 Details of Medical Negligence
Malsawmkimi, a resident of Tlangpui village, was admitted to the Serchhip District Hospital for delivery. She delivered a stillborn child but died shortly after from a severe Postpartum Haemorrhage (PPH).
The MSCDRC highlighted several instances of negligence by the hospital staff and doctors:
- Ignored Risk Factors: The victim was 40 years old and had a history of four miscarriages (though she had three normal deliveries prior). An expert medical team from Aizawl Civil Hospital concluded that she should have been strictly advised to undergo a Caesarean section.
- Failure to Treat Anaemia: The patient’s clinical report from a sub-centre indicated she had anaemia with chronic hypotension, a serious condition that required urgent attention but was ignored by the doctors at the district hospital.
- Untrained Personnel: The Commission expressed serious concern that Malsawmkimi was attended by substitute nurses rather than regular staff upon admission. The MSCDRC termed this a “severe lapse,” stating, “Allowing untrained or substitute personnel to handle critical patients is unacceptable.”
🏛️ Legal Battle for Compensation
The husband of the deceased, Zaithankima, pursued justice after the incident, which had triggered widespread social media criticism and a magisterial inquiry.
- Gauhati High Court (Aizawl Bench): Zaithankima first approached the High Court, which found negligence and lapses in the treatment and awarded an initial compensation of ₹5 lakh. The High Court, however, permitted him to seek enhanced compensation before another forum.
- State Consumer Commission: Following the High Court’s permission, the family filed a case with the MSCDRC, which ultimately delivered the higher compensation order of ₹52,20,800, holding that the treating doctors and hospital staff were “found guilty due their negligence and failure to discharge their duties faithfully.”