Newborn's Thumb Severed after delivery: HC orders Rs 7.5 lakh compensation

Madurai: The Madurai bench of the Madras High Court recently directed the State Government to pay compensation to a family after a staff nurse of Government Raja Mirasdar Medical College Hospital in Thanjavur accidentally severed the thumb of a newborn baby after delivery.

Previously, the Court had ordered the State to pay Rs 75,000 as interim compensation. In the final order, the HC bench fixed Rs 7,50,000 as the final compensation and asked the State to pay the balance Rs 6,75,000 to the family.

The High Court bench announced the order while considering the plea filed by the baby's father. The history of the case dates back to 2021, when the petitioner's wife gave birth to a girl child on May 25, 2021. Both the child and the mother were treated as in-patient in the Thanjavur-based government hospital.

It was contended by the petitioner that the staff nurse, who was on duty at the time, carelessly took a pair of scissors and hurriedly attempted to remove the venflon from the child's left hand, but, the left thumb of the 14-day-old baby was severed due to negligence. Therefore, the petitioner filed the plea before the High Court seeking compensation.

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The Court, in its interim order dated 09.08.2021, granted the petitioner Rs 75,000. When the case was posted for further hearing, the Court directed the petitioner to submit a calculation sheet by applying the principles laid down under the Motor Accident Claims and also under any other Act. Accordingly, the petitioner submitted three calculation sheets- one by applying the multiplier method, the second by applying the partial disability method, and the third by Workmen's Compensation Act.

"For the purpose of arriving at a reasonable compensation, this Court had taken the principles applied in cases of partial permanent disability under Motor Accidents Claims and the calculation under Workmen's Compensation. More or less the calculation shows Rs.10 lakhs. The said method of calculation is not strictly applicable to the facts of the present case, since the facts are entirely different. Therefore, this Court is of the considered opinion that if the compensation is fixed as Rs.7,50,000/- as final compensation, the same would be fair and just compensation," observed the Court.

"After deducting the interim compensation of Rs.75,000/-, the balance compensation of Rs.6,75,000/- shall be paid by the respondents. The said amount shall be paid within a period of 12 weeks from the date of receipt of a copy of this order," the HC bench ordered.

Apart from this, the Court also granted liberty to the petitioner to seek further treatment for the child at the Government Medical College, Omandurar after the child attains the age of 12 years, for the purposes of undergoing plastic surgery.

To view the order, click on the link below:

https://medicaldialogues.in/pdf_upload/madras-hc-compensation-295101.pdf

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