Madurai Bench of Madras High Court today ordered a compensation of Rs.12.55 lakh to the husband and two children of a woman who died due to medical negligence by two doctors and a nurse after a family planning surgery at a government hospital in Virudhunagar District, observing that their callous attitude had resulted in the death.
Allowing a petition by R.Shanmugakani and his children, Justice R Mahadevan directed the Tamil Nadu Principal Health Secretary to pay them Rs.10.05 lakh (Rs.2.5 lakh already paid) within four weeks.
The Judge also directed the government to initiate proceedings to fix liability on the three medical personnel Dr.Alagu Sundarammal, Obstetric and Gynaecologist, Dr S Sakthivel and staff nurse Z.Arockiammal of the hospital at Rajapalayam and recover the money from them.
Petitioner submitted that his 23-year old wife Ramalakshmi, who underwent family planning operation at the hospital after the delivery of her second child,died due to septicaemia caused by a swab pad measuring 25cmX26CM left in the abdomen.
He had filed a petition and appeal before the District and state Consumer Redressal Forums respectively seeking Rs 15 lakh compensation. But they were dismissed with an advice to approach the appropriate forum.
The officials did not reply to his appeal for more compensation,and hence he moved the high court.
The judge said callous attitude of the doctors had taken away the precious life of a woman. In this case, the negligence could not be denied and it had been established by the post mortem when pad was recovered.
He rejected the claim of the anaesthetist that his role was minimum. Anaesthetist should have excellent communication skills as they should explain the complex surgical procedures in plain terms. He was supposed to stay in the operation theatre to assess the patient's vital signs.
He computed the compensation by adopting the "rule of thumb" provided for deceased below 40 years. The woman, who died on March 22, 2005, was earning Rs 4,000 per month, he noted and ordered the compensation.
As the government had already paid Rs.2.5 lakh as compensation, he said the remaining amount of Rs.10.05 lakh should be paid within four weeks.
