Madras HC orders Rs 5 lakh compensation to woman for medical negligence at government hospital – Times of India

Chennai News
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CHENNAI: The Madras high court has ordered Rs 5 lakh as compensation to a mother who suffered serious health complications due to negligence of a government hospital doctors while using forceps during her delivery.
Justice N Anand Venkatesh passed the order considering the untold hardship undergone by the mother in not being able to take care of her new-born baby due to the health complications caused by the negligence of the doctors. The issue pertains to a plea moved by S Bhanupriya seeking Rs 10 lakh compensation for her suffering and to initiate disciplinary action against Dr Tamilselvi, medical officer, Mettupalayam Government Hospital.
According to the petitioner, she was admitted to the hospital on November 4, 2005, and she delivered a baby boy on the same day at about 12.30pm. Dr Tamilselvi performed the delivery and she had to use the forceps, since there was a last minute complication and it required stitches.
From November 5, 2005, onwards, puss was oozing from the surgical scars and the petitioner was having trouble in urinating and defecating. On November 9, 2005, the stitches were undone by the doctor, and she redid the stitches on the same day, the petitioner said.
Since the situation did not improve, her husband transferred her to a private hospital where she underwent three more surgeries to rectify the complications caused during her delivery.
She had also spent more than Rs 1.5 lakh on the three surgeries and was unable to take care of her new-born baby, the petitioner alleged.
Per contra, the government doctor submitted that she was forced to adopt episiotomy as a surgical procedure in order to create space for the delivery of the baby.
“After the delivery, it was sutured well, and the petitioner was given antibiotics. Thereafter, there was a complication which is common in any surgical procedure and hence, the wound was re-sutured,” she said.
Recording the submissions, the court said: “In the considered view of this court, the government hospital was expected to take effective decisions since the situation faced by the petitioner could not be effectively handled in the hospital.” The court observed that the government hospital must be held liable for negligence and the petitioner is entitled for payment of compensation by the hospital since the government is vicariously liable for negligence on the part of the government hospital.


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