HC orders Rs 28 L compensation in medical negligence case

The Madras High Court has ordered Tamil Nadu government to pay a compensation of Rs 28.37 lakh to the next of kin of a woman who died in 2012 after being in coma for 411 days due to administration of nitrous oxide instead of oxygen at a state-run hospital.
The state is "vicariously liable to compensate the petitioner-- who is the victim's huband -- and his two children, aged 19 and 18, since she died after enduring immense pain for months together due to sheer carelessness and negligence of doctors" and other staff, Justice K K Sasidaran said in his order yesterday.

The judge was pronouncing the judgment on a plea filed in 2013 by the victim's husband seeking compensation from the state after her death at the Government Medical College Hospital in Kanyakumari.
Giving liberty to the state government to recover the compensation amount from the doctors and hospital staff concerned, the judge said the victim had undergone immense pain and suffering for months together before her death on May 4, 2012.
Allowing the plea, the judge said "The state has undertaken the solemn duty of providing health care to its citizens. It is a welfare activity undertaken by government taking inspiration from the right guaranteed to the citizens under Article 21 of the Constitution. The patients are subjecting themselves to the doctors believing that they would do everything to save their lives."

"The doctors have taken oath to render medical assistance to the best of their ability. The society expects them to act with utmost responsibility and commitment and in a highly professional manner while treating patients," the judge said.

Pointing out that the woman, a tailor, was 34 years old at the time of her death and earning not less than Rs.12,000 a month, the judge quantified her loss of income to be Rs.21.21 lakh by applying the multiplier method used to quantify loss in motor accident cases.
He added another Rs four lakh towards non-pecuniary damages since the family was denied of her care, attention and companionship.

The judge also ordered reimbursement of the medical expenses incurred on her treatment and loss of personal income of the petitioner since he had to take care of his wife during the course of treatment along with interest at the rate of nine per cent from 2011.