Kerala High Court
Hiba Mole vs The State Of Kerala on 27 May, 2024
Author: T.R.Ravi
Bench: T.R.Ravi
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
MONDAY, THE 27TH DAY OF MAY 2024 / 6TH JYAISHTA, 1946
WP(C) NO. 3582 OF 2024
PETITIONER:
HIBA MOLE,
AGED 32 YEARS
W/O SHAFIL ALIKUTTY, NELAKATHU,
KARAKKAD,PALAYOOR,
CHAVAKKAD P O,
THRISSUR DISTRICT, PIN-680 506
BY ADVS.
V.PREMCHAND
HALIYA T.P.
MAHADEV M.J.
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT,
THIRUVANANTHAPURAM,, PIN - 695 001
2 THE PRINCIPAL SECRETARY,
DEPARTMENT OF HEALTH, GOVERNMENT OF KERALA,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001
3 THE DISTRICT COLLECTOR,
COLLECTORATE, CIVIL STATION, CIVIL LANE ROAD, KLAYAN
NAGAR, AYYANTHOLE, THRISSUR DISTRICT, PIN - 683 003
4 THE DISTRICT MEDICAL OFFICER,
THRISSUR DISTRICT, PIN-683001, PIN - 683 001
5 THE DISTRICT POLICE CHIEF,
THRISSUR DISTRICT,, PIN - 683 001
6 DR HRIDHYA ASHOK KUMAR,
FORMER CASUALITY MEDICAL OFFICER, TALUK HOSPITAL
CHAVAKKAD, KARUMATHIL VEEDU, PERUVALLUR,
MALAPPURAM DISTRICT, PIN - 680 506
7 PRAJEESH KP,
FORMER NURSING OFFICER GRADE-1 TALUK HOSPITAL,
CHAVAKKAD, KUNNAMMAL HOUSE, VELIKULANAGARA PO,
THRISSUR,, PIN - 680 699
WP(C) NO. 3582 OF 2024
2
*8 ADDL.R8. THE SUPERINTENDENT
MEDICAL COLLEGE HOSPITAL, THRISSUR [IS SUO MOTU
IMPLEADED AS PER ORDER DATED 14.02.2024 IN
WP(C)3582/2024].
BY ADVS.
RAJIT
A.K.ALEX
P.R.VIJAYAKUMAR(K/100/1987)
SRI. SUNIL KUMAR KURIAKOSE. GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 3582 OF 2024
3
T.R.RAVI.J
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WP(C) No.3582 of 2024
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Dated this the 27th day of May, 2024
JUDGMENT
The writ petition has been filed by the petitioner
complaining about negligence from the part of the
nursing staff while treating a minor child who is 7 years
old. It is submitted that after an injection was taken on
the buttocks of the child, the child had difficulty in
walking and he is presently undergoing physiotherapy
sessions.
2. Counter affidavits have been filed refuting the
charge of medical negligence. The question regarding
compensation for medical negligence is an aspect which
has to be considered in appropriate proceedings after
leading evidence and the same cannot be decided in this
writ petition.
WP(C) NO. 3582 OF 2024
3. As for the request for treatment of the child by
the State, the Government Pleader on instruction
submitted that the treatment of the child for illness
which is relatable to the incident which has lead to the
filing of this writ petition will be met by the State at the
Thrissur Government Medical College. The above
submission is recorded.
4. The counsel for the petitioner pointed out that in
the memo that has been filed on 23.03.2024, it is stated
that from the MRI report and the clinical findings, a
final impression has been drawn by the Medical Board
that the Left sciatic nerve has been detected with
predominant involvement of common peroneal nerve.
Since I am not entering a finding regarding the question
whether the problem faced by the child is a direct result
of the treatment given, it will not be proper for this
Court to comment on those aspects.
WP(C) NO. 3582 OF 2024
5. The writ petition is hence closed recording the
submission made by the Government Pleader and with
liberty to the petitioner to move the appropriate forum
with regard to her claim for compensation.
Sd/-
T.R.RAVI
JUDGE
sn
WP(C) NO. 3582 OF 2024
APPENDIX OF WP(C) 3582/2024
PETITIONER'S EXHIBITS
Exhibit-P1 A TRUE COPY OF THE PRESCRIPTION DATED
01.12.2023 ISSUED FROM THE TALUK HEADQUARTERS
HOSPITAL, CHAVAKKAD
Exhibit-P2 A TRUE COPY OF THE FIR NO.921/2023 DATED
11.12.2023 ISSUED BY CHAVAKKAD POLICE
Exhibit-P3 A TRUE COPY OF THE NEWS PUBLISHED IN THE IN
THE TIMES OF INDIA DATED 15.12.2023
Exhibit-P4 A TRUE COPY OF THE NEWS PUBLISHED IN THE IN
THE TIMES OF INDIA DATED 18.12.2023
Exhibit-P5 A TRUE COPY OF THE NEWS PUBLISHED IN THE IN
THE MALAYALA MANORAMA DATED 13.12.2023
Exhibit-P6 A TRUE COPY OF THE NEWS PUBLISHED IN THE IN
THE MALAYALA MANORAMA DATED 14.12.2023
Exhibit-P7 A TRUE COPY OF THE NEWS PUBLISHED IN THE IN
THE MADHYAMAM DAILY DATED 09.01.2024
Exhibit-P8 A TRUE COPY OF THE PRESCRIPTIONS DATED
02.12.2023, 7-12-2023 ISSUED FROM ASTER MIMS
HOSPITAL
Exhibit-P9 A TRUE COPY OF THE REPORT DATED 08.12.2023
ISSUED BY ASTER MIMS HOSPITAL
Exhibit-P10 A TRUE COPY OF THE REGISTRATION PAYMENT
RECEIPT DATED 18.12.2023 ISSUED BY THE AMRITA
INSTITUTE OF MEDICAL SCIENCES KOCHI
Exhibit-P11 A TRUE COPY OF THE RECEIPT DATED 26.12.2023
AND 11-12-2023 ISSUED BY ELITE MISSION
HOSPITAL THRISSUR
Exhibit-P12 A TRUE COPY OF THE RECEIPT DATED 14.12.2023
AND 16-12-2023 ISSUED FROM THE ELITE MISSION
HOSPITAL THRISSUR KOCHI
Exhibit-P13 A TRUE COPY OF THE GENERAL BILL DATED
11.12.2023 AND 12-12-2023 ISSUED FROM RAJAH
CHARITABLE MEDICAL TRUST CHAVAKKAD
Exhibit-P14 A TRUE COPY OF THE PHYSIOTHERAPY BILL DATED
9-12-2023 ISSUED BY HAYATH HOSPITAL, THRISSUR
WP(C) NO. 3582 OF 2024
Exhibit-P15 A TRUE COPY OF THE PAYMENT RECEIPT DATED 10-
12-2023 ISSUED FROM JACOB'S PHYSIOTHERAPY
CENTRE
Exhibit-P16 A TRUE COPY OF THE REPORT DATED 26.12.2023
ISSUED BY THE TALUK HEADQUARTERS HOSPITAL
CHAVAKKAD
Exhibit-P17 A TRUE COPY OF THE REPORT DATED 29.12.2023
ALONG WITH DETAILS OF TREATMENT AT TALUK
HEADQUARTERS HOSPITAL CHAVAKKAD ISSUED FROM
THE DEPARTMENT OF NEUROLOGY ISSUED FROM
MEDICAL COLLEGE THRISSUR
Exhibit-P-18 A TRUE COPY OF THE PHOTOGRAPH REVEALING THE
CONDITION OF THE CHILD
Exhibit-P19 A TRUE COPY OF THE CLOSE-IN PHOTOGRAPH
REVEALING THE FOOT DROP SPLINT
Exhibit-P20 A TRUE COPY OF THE PETITION DATED NIL BEFORE
THE DISTRICT MEDICAL OFFICER, THRISSUR BY THE
PETITIONER
RESPONDENT'S EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE
