The function of medical cases related to government hospitals
Madurai: In a step that will have a big impact on the function of medical cases related to government hospitals, Madras High Court has recently held that in the case of a government hospital, even though there is no medical negligence, if there is an injury, the government must pay compensation.
5 lakh as an “ex-gratia” to the dead girl
The supply that there was no medical negligence on the part of the doctor and anesthetist, Aruppukottai, Madurai bench of Madras High Court has stated that since the 8-year-old patient has gone to a government hospital for treatment, the government must pay the hospital. 5 lakh as an “ex-gratia” to the dead girl belonging to the scheduled caste community who was notified from the government corpus fund.
Assessment dated 01.02.2021 by Justice G r Swaminathan has added in recent order: “When a patient was received at a government hospital for treatment and he suffered an untested injury or death in normal events. Even with the absence of medical negligence, The government is obliged to withdraw ex-gratia to the affected party. “
Writ request under Article 226 of the Indian Constitution
This happened after the father of a dead patient who had submitted a Writ request under Article 226 of the Indian Constitution for fair and reasonable compensation of Rs.20,00,000 / – (twenty lakh rupees) for the death of his daughter. Respondents, in this case, Deputy Director of Health Services (Multipurpose Women’s Training Campus), Dean, Rajaji Government Hospital, Joint Director, Health Services, Government Head Hospital, Government Head, Head of Government Hospital, District Collector, Inspector Police, Aruppukottai Town Police Station, a pediatrician, an anesthetic expert, head of government head, ENT surgeon, director of medical services, Chennai.
Government agencies, to pay compensation for the negligent treatment
The Petitioner, the father of a patient who died, had requested a high court in the petition to direct respondents, government agencies, to pay compensation for the negligent treatment provided by the government’s doctor and anesthesia experts Aruppukottai. Apart from the petition submitted by Tamil Selvi, HC has listened to the Suo-Motu Court order dated 25.01.2021. The case occurred in 2016, the year which cost the life of the patient, around eight years old, who suffered tonsils and has been treated at the Government Hospital, Aruppukottai on 07.04.2016 for treatment. After the child’s examination, it has been suggested that he must undergo surgery. He has been hospitalized for this purpose on 13.04.2016.
Rajaji government hospital, Madurai
To prepare the child for surgery, anesthesia is given by an anesthetist. Unfortunately, the little girl has developed some complications and she has shifted to the Rajaji government hospital, Madurai for further treatment. After being transferred to Madurai Hospital, Sangeetha had gone into a coma and finally died on 05.07.2016.
G.O (MS) No.395 dated 04.09.2018 which mentions Corpus funds made by the Tamil Nadu government.
“When a patient was received at a government hospital for treatment and he suffered an injury or death in normal events, even with the absence of medical negligence, the government was obliged to withdraw exgratia to the affected party. In this case, accountability must be bound to the government. Because this institution happens to be a government institution, the Tamil Nadu government must have to take consequences, “ruled the High Court. The HC bench then refers to G.O (MS) No.395 dated 04.09.2018 which mentions Corpus funds made by the Tamil Nadu government. HC further noted,
government doctor contributes some money to this corpus fund
“It seems that every government doctor contributes some money to this corpus fund and whenever compensation is directed to be paid by the court, the number will be withdrawn from this fund and paid.”
Considering all the circumstances of this case, the court finally ordered, “that the Applicant deserves to be paid a number of RS.5 Lakh as compensation. This number must be paid by the department/government from the funds. Like payment will be made to the applicant within eight weeks from the date of receipt of a copy of this order.
