The Madras High Court observed that State is under obligation to pay compensation for a person’s death, whether there is medical negligence or not.
"when a patient is admitted in a government hospital for treatment and he/ she suffers any injury or death which is not anticipated to occur in the normal course of events, even in the absence of medical negligence, the government is obliged to disburse exgratia to the affected party. In the case on hand, liability is to be fastened on the government. Since the institution happens to be Government institution, the Government of Tamil Nadu would have to necessarily take consequence."
This observation was made by the Single-judge bench of Madras High Court, comprising of Justice G. R. Swaminathan while dealing with the petition filed by the petitioner named Tamil Selvi under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1 to 6 to pay a just and reasonable compensation of a sum of Rs.20,00,000/- (Twenty Lakhs Rupees) to the petitioner for the death of the petitioner's daughter Sangeetha who died because of the cursory negligent treatment given by the respondent Government Hospital.
Factual Background
The petitioner’s daughter was admitted at the Government Hospital for the treatment. In between that Doctors suggested that petitioner’s daughter had to undergone a surgery for complete recovery. In the course of that surgery, she was given anaesthesia which showed adverse reaction to the petitioner’s daughter. After sometime she was dead.
Court Reasoning and Judgment
The Court was of the view that:
"The issue of medical negligence requires a factual determination. It is seen that following the complaint lodged by the petitioner, an enquiry was in fact conducted. The report was submitted by four member enquiry committee on 17.06.2016. It clearly states that there was no medical negligence on the part of the doctors. Then, the question arises as to how the death had occurred. It appears that the child was administered a drug known as Propofol. Further it was contended that sometimes a drug was not proved beneficial for every human being. Resultant of which sometimes lead to death also. There was no as such ground available to hold that the respondent anesthetists had committed any act of medical negligence."
The Court concluded that:
"I am of the view that the petitioner deserves to be paid a sum of Rs.5.00 lakhs as compensation. The said amount shall be paid by the department/Government from the said fund. Such payment will be made to the petitioner within a period of eight weeks from the date of receipt of copy of this order. Since the enquiry conducted by the department itself had exonerated the private respondents from any charge of negligence, the question of recovering the said amount from their salary will not arise."
The Bench allowed the writ petition and granted Five Lakhs rupees as compensation from Corpus Fund which is especially made for these specific purpose.
Case Details
Case No.: WP(MD) No.2721 of 2017
Petitioner: Tamil Selvi
Respondent: The State of Tamil Nadu & Ors
Counsel for Petitioner: Mr.R.Karunanidhi
Counsel for Respondents: Mr.C.Ramar, Mr.T.Lajapathi Roy
Quorum: Justice G. R. Swaminathan
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