Madras High Court today directed the state government to pay Rs.50,000 towards medical expenses incurred by a woman whose son became infected with the human immunodeficiency virus (HIV), allegedly due to blood transfusion at the Egmore Children's Hospital.
Justice S.Vaidyanathan, who disposed of the writ petition filed by the mother of the child, directed the government to pay the sum within six weeks from the date of receipt of a copy of the order. The judge also directed the petitioner to approach the appropriate civil court for the alleged tortuous liability for negligence, in accordance with law.
"...Hospital authorities are directed to take necessary steps and provide better treatment to the child without any expenses being incurred by the petitioner and extend all relief packages, if any, provided by the state government for victims of AIDS."
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The judge said if the petitioner approaches the civil court for the relief, the concerned court is directed to entertain it "without insisting upon the limitation aspect."
The petitioner and her husband are illiterates and daily wage labourers. She gave birth to the boy on May 3,1998.
After he fell ill, he was admitted at the Egmore hospital on February 26, 1999, where it was suggested that he has to undergo surgery. The blood transfusion was done after surgery as it was not successful during the operation. He was discharged on March 11 the same year.
According to the petitioner, within two days, her son fell sick and he was again admitted to the same hospital. During September 1999, her child developed severe cold and swelling on his neck.
On the doctors' advice, she took him to the Thoracic Medicine Hospital, Tambaram Sanitorium, where, to her shock, she was informed that her son was infected with HIV and she and her husband was advised to undergo a medical check. After tests, they were declared that they were not HIV positive.
According to the petitioner, within two days, her son fell sick and he was again admitted to the same hospital. During September 1999, her child developed severe cold and swelling on his neck.
On the doctors' advice, she took him to the Thoracic Medicine Hospital, Tambaram Sanitorium, where, to her shock, she was informed that her son was infected with HIV and she and her husband was advised to undergo a medical check. After tests, they were declared that they were not HIV positive.
