GOVERNMENT HOSPITAL TO COMPENSATE FOR UNFORESEEN DEATH – MADRAS HC

GOVERNMENT HOSPITAL TO COMPENSATE FOR UNFORESEEN DEATH – MADRAS HC

28th FEBRUARY 2021

 Madras High Court – Justice GR Swaminathan directed the State to compensate 5 lakh to a petitioner whose daughter passed away in a government hospital due to complications arising from Anesthesia.

The Petitioner’s daughter was suffering from tonsils due to which she was admitted to a government hospital where doctors suggested undergoing surgery and therefore was administered anesthesia. The petitioner’s daughter was shifted to Rajajaji government hospital, the daughter’s health started deteriorating and eventually, she went into a coma and passed away in 2016. The petitioner alleged medical negligence on the part of the anesthetist and hence filed a writ petition demanding compensation.

The Court rejected the allegations of medical negligence made by the petitioner but rather noted that the state government is obligated to pay compensation as the patient belonged to Schedule caste and was admitted to a government hospital where she died eventually which was not anticipated. The Court directed the state to pay 5 lakh as compensation from the Corpus Fund within 8 weeks.