No medical negligence in treating Hirschprung disease yet HC orders State to pay Rs 5 lakh compensation

Madurai: The Madurai bench of Madras High Court recently directed the State for paying Rs 5 lakh compensation to the family of a boy who died during treatment at Government Rajaji Hospital in Madurai.

Although the bench comprising of Justice R. Vijayakumar noted that there was no medical negligence on the part of the doctors who had treated the patient, the compensation was awarded by the court as it took note of the fact that the patient had been treated at the GMC for four years.

Therefore, fastening the State Government liable with the payment of compensation, the HC bench awarded the family of the minor boy with Rs 5 lakh compensation and directed the State to pay the amount within 12 weeks.

The history of the case goes back to 2012 when the minor boy was undergoing treatment at the GMC after he had been diagnosed with Hirschprung disease. It is a condition that affects the large intestine (colon) and results in problems with passing stool.

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As per the latest media report by The Hindu, seeking compensation from the State, the father of the deceased patient, M. Ramamoorthy had approached the High Court. Filing the plea before the HC bench he informed the court that his son had been diagnosed with Hirschsprung disease back in 2008. Stating that the patient had undergone treatment at the GMC, the petitioner claimed that despite the treatment, his son could not be saved.

The Times of India adds that the petitioner also stated before the court that the patient had underwent surgery and treatment on various occasions. In fact, he had also underwent treatment at a private hospital in Madurai. 

Although the plea had alleged medical negligence against the doctors of the GMC, after perusing the documents and records, the HC bench concluded that there was no medical negligence on the part of the treating doctors.

However, considering the fact that the boy had received treatment at GRH from August 2008 to April 2012, the judge observed that the State could be held liable. Therefore, the bench directed the State for paying a compensation of Rs 5 lakh to the petitioner within 12 weeks.

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