MADURAI: The Madras high court on Wednesday directed the Tamil Nadu government to pay Rs 75,000 as an interim compensation to the parents of a newborn, a portion of whose left thumb was cut off by a staff nurse in Thanjavur Government Hospital negligently while removing a paediatric venflon (cannula).
The court passed the interim order in a petition filed by M Ganesan, who is the father of the 14-day-old girl child, seeking compensation and proper treatment for the child in a multi-specialty hospital.
Justice N Anand Venkatesh observed that on prima facie consideration of the materials placed before the court, the parents of the newborn child were made to helplessly watch the left thumb of the child lying on the floor and the child writhing in pain.
It is such a horrifying experience which would have caused so much pain, suffering and mental agony to the parents.
The judge observed that in cases of this nature, the court has to necessarily apply the strict liability theory.
“Since the incident itself shows that there was negligence, some interim compensation must be paid by the government to the parents of the child.
This is the minimum that a government must undertake in a welfare state,” observed the judge.
Taking into account that already a recommendation had been made for award of compensation and it was under active consideration, the judge directed the state government to pay an interim compensation of Rs 75,000 to the parents of the child within four weeks.
The judge also directed the authorities to admit the child in a multi-specialty hospital to perform a specialised surgery to ensure that the child does not permanently suffer from the loss of its left hand thumb.
The judge directed the director of medical education and dean of the Thanjavur Government Hospital to file a counter in this case and adjourned the case to July 26 for further hearing.