Nurse accidentally cuts left hand of Infant: Govt ordered to pay Rs 75,000 for medical negligence

Although the doctors at the treating Government hospital acted immediately and performed surgery as well, the thumb couldn't be fixed properly, resulting in a permanent disability of the child. Thus, apart from granting compensation of Rs 75,000 to the parents, the High Court bench has further directed the Government to "get the child admitted in a Multi-Speciality Hospital in order to make an attempt to conduct surgery and ensure that the child does not permanently suffer due to the loss of a portion of the left-hand thumb."

The Madurai bench of the High Court comprising of Justice N. Anand Venkatesh opined in the judgment dated 23.06.2021, "The parents of a new born child being made to helplessly watch a portion of the left-hand thumb of the child lying on the floor and the child writhing in pain, is such a horrifying experience, which would have caused lot of pain and suffering and mental agony."

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The case concerns a 14-days-old baby girl who was admitted to the Government Hospital and was under observation for Congenital Anomalies. However, when the parents of the toddler returned to the ward where the child was being treated, they were shocked to find out that a portion of the left-hand thumb was severed and it was lying on the floor and the child was profusely bleeding.

The parents found that a Staff Nurse at the Government Hospital while removing the paediatric venflon (cannula) from the left thumb, which was wrapped with the surgical tape, had cut a portion of the left-hand thumb of the child.

Immediately, the doctors of the treating hospital were informed and they acted with alacrity and even conducted surgery by placing the cut portion in the left-hand thumb and it was sutured. However, the medical records stated that even after the operation the child was recuperating from this grievous injury.

The advocate appearing for the treating hospital and the Government submitted that a Panel of Doctors were appointed by the Dean of the Hospital and they were regularly monitoring the child. That apart, an operation has been performed by the Plastic Surgeon accompanied by a Paediatric Surgeon.

He further informed the Court that an Enquiry Committee was constituted and an inquiry was conducted where the concerned staff nurse and the parents were inquired. On completion of the inquiry, a report was also sent to the Government on 09.06.2021. He further submitted that the request made by the parents for compensation has already been forwarded to the Government and is under active consideration.

Meanwhile, the counsel appearing for the petitioner submitted before the Court that even though an operation was performed, the Doctors were not able to properly refix the thumb and as a result of the same, the child is facing a permanent disability. Thus, the petitioners through their counsel submitted the proposal to direct the Government for shifting the child to a Multi-speciality Hospital, where an attempt can be made to conduct a specialized surgery to ensure that the child is brought back to normalcy.

After perusing the materials related to the case, the High Court bench observed,

"The parents of a new born child being made to helplessly watch a portion of the left-hand thumb of the child lying on the floor and the child writhing in pain, is such a horrifying experience, which would have caused lot of pain and suffering and mental agony."

Further, applying the strict liability theory, otherwise called Rylands Vs. Fletcher Doctrine, the single bench of the High Court opined that as there is some negligence,

"Some interim compensation must be paid by the Government to the parents of the child. Such positive response from the Government is expected in a welfare State."

Taking note of the fact that already a recommendation has been made for payment of compensation, the Court directed the Government to pay an interim compensation of Rs.75,000/- (Rupees Seventy Five Thousand only) to the parents of the child, within a period of four (04) weeks from the date of receipt of a copy of the order.

"There shall be a further direction to the second respondent to get the child admitted in a Multi-Speciality Hospital in order to make an attempt to conduct surgery and ensure that the child does not permanently suffer due to the loss of a portion of the left hand thumb," observed the Court, further giving direction to the Government to file a counter affidavit in the case.

To view the interim order of the High Court, click on the link below.