The Madurai Bench of the Madras High Court also directed the government to shift the infant to a multi-speciality hospital where an attempt can be made to conduct a specialised surgery for the infant
The Madurai Bench of the Madras High Court has ordered an interim compensation of ₹75,000 to the family of an infant whose left hand thumb was cut off, while a staff nurse attempted to remove the paediatric venflon (cannula) at a Government Hospital in Thanjavur.
Taking into account the horrific experience of the parents who had to see their child writhing in pain, Justice N. Anand Venkatesh observed that in cases of this nature the court had to necessarily apply the strict liability theory.
The court also directed the government to shift the infant to a multi-speciality hospital where an attempt can be made to conduct a specialised surgery so that the infant could effectively use its fingers and not permanently suffer due to the loss of the left hand thumb.
The court was hearing the petition filed by M. Ganesan of Thanjavur district, the father of the infant. The petitioner sought an appropriate compensation from the State government for the negligent act of the nurse. The incident took place earlier this month.
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The court observed that prima facie the incident shows that there was negligence. An interim compensation must be paid to the parents by the government. It was the minimum that the government must undertake in a welfare state, the judge said.
The court was informed that following the incident, all efforts were undertaken to treat the infant. A panel was appointed to monitor the infant, an inquiry was also conducted and a report had been sent to the higher authorities.
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