Priya Gour
Published on: 2nd August, 2022 at 19:33 IST
A compensation of Rs. 5 lakhs was ordered by the Madras High Court to a young mother who had to undergo three surgeries due to negligence of government hospital, and also had to stay away from her new born for a long time period.
About the Case:
The woman (petitioner) delivered a baby boy at the hospital of the respondent. The doctor (respondent) due to a complication had to use forceps which required stitches. However, the stitches had developed puss, that created trouble for the petitioner in urinating and defecating. Lately, the stitches were redone and a second surgery performed.
The petitioner’s husband insisted the hospital for a discharge since her condition remained the same. She was later admitted to a private hospital and had to undergo a three-stage surgery and later to the Vascular Care Centre for a period of 15 days. Later, a plea for monetary compensation ( payment of surgery expenses, medical expenses, and also rental expenses, and for the mental agony) was filed by the petitioner to be paid by the hospital. She also had to undergo mental agony for not being able to take look after her new-born baby for nine months.
However, it was submitted by the respondents that it is common to have complication in any surgery. There was no intentional delay by the hospital and it waited for patient’s infection to get better. The hospital had also informed the petitioner’s husband about Coimbatore Medical College, for surgery. However, he insisted to get her discharged. And so, there was no negligence on part of the hospital in any manner and the writ be dismissed.
Court’s Observations:
The Court reiterated the Supreme Courts observation that medical practitioners can not be held responsible if something goes wrong during a surgical procedure. Similarly, in the above case, the doctor adopted utmost skills, diligence while performing the surgery.
However, the court upheld the delay on part of the hospital in the absence of a discharge summary, even if they had advised about another hospital for surgery. And no immediate steps were taken by the hospital to manage the deteriorating condition of the woman. Also, there was negligence on the hospital’s part of not performing the second surgery on time which was later carried out at the private hospital within four days of her discharge. For this, the state was liable to compensate the petitioner, since it was a government hospital.
Justice Anand Venkatesh observed, “The 3rd respondent hospital, after having realised that the petitioner cannot be given adequate care in the hospital , should have immediately shifted the petitioner to the Coimbatore Medical College Hospital.”
“If this was not done and the 3rd respondent was waiting was waiting for the arrival of a doctor who had gone on leave, the petitioner cannot continue to face pain and agony and under the given circumstances, the husband of the petitioner thought it fit to shift the petitioner to a private hospital.”
“In fine, this Court holds that there was a clear negligence on the part of the 3rd respondent hospital for not having taken proper care of the petitioner and for having failed to shift the petitioner to Coimbatore Medical College Hospital when the situation really warranted.”
As the hospital was government, the State was vicariously liable to compensate the petitioner total amount of Rs. 5 lakh.
