oppn parties Madras HC's Unusual Ruling In A Medical Negligence Case

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Madras HC's Unusual Ruling In A Medical Negligence Case

By Sunil Garodia
First publised on 2022-02-06 11:33:26

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Author of Cyber Scams in India, Digital Arrest, The Money Trap and The Human Hack

Courts in India have been awarding realistic amounts as compensation in cases of medical negligence. But what the Madras HC ordered was unusual. It awarded the compensation in a detailed and segmented manner instead of awarding a lump sum amount to ensure that a girl born following a botched family planning procedure at a state-run hospital in Tamil Nadu was well provided for her living and education expenses till she turned 21.

The parents of the girl already had two children when the mother went to a state-run hospital for tubectomy. As a result of a botch up in the procedure, she conceived again after going through it. So they sued the hospital. After it was conclusively proved that her pregnancy happened despite the procedure due to medical negligence, the high court awarded the compensation in an unusual manner.

Holding the state responsible for the medical negligence at the state-run hospital by extension, the court directed the Tamil Nadu government to reimburse the entire educational expenses of the girl till she turns 21. "All the school and other fees paid shall be refunded by the state government; all her expenses on books, stationery, uniforms and other miscellaneous educational expenses, would also be met by the state", the court directed.

It further awarded the girl Rs 10000 per month for food and other expenses and Rs 3 lakh was awarded to the mother as compensation. The court said that "it becomes the bounded duty of state to meet the expenses of this child" as the child "is born because of failure of sterilization operation" and more so as the parents did not want to have the child as they had "no economic means to bring up another child".

While the court has issued this unusual order keeping the well being of the girl in mind, the fact is that the bureaucracy in India is famous for denying the citizen their due citing several rules. Since the educational expenses are to be reimbursed, the parents would have to approach the concerned department every time they will need funds. The court could have decided upon a reasonable sum for educational expenses too, to be paid monthly (with in-built yearly increments for inflation and increase in fees by institutions). That would have taken away the discretion of the state (in reimbursing claimed amount), delays and reduced the interaction with officialdom.

picture courtesy: the-aom-acdemy.com, caption ours

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