This Article is From Mar 04, 2013

Tamil Nadu Government directed to pay Rs 5 lakh to husband of deceased woman

Madurai: Observing that a maternity hospital without qualified doctors is like a school without a teacher, Madras High Court bench on Monday directed the state government to pay Rs five lakh as compensation to the husband of a woman who died of heavy bleeding after delivery in 2010 due to non-availability of a duty doctor.

"Non-availability of a doctor in a 24 hour maternity Government Hospital is a serious aspect required to be viewed seriously by the State government which is running the welfare administration for the benefit of the people," Justice N Paul Vasanthakumar said, allowing the petition filed by the man, whose 22-year-old wife died on January 2, 2010.

The judge said any defence raised by the Medical department or Medical Officer of the Primary Health Centre at Saptoor in the district would not be considered satisfactory.

He also referred to the huge expenditure by the health department and wondered if it was not bound to look into this aspect and take remedial measures.

He ordered 50 per cent of the amount to be deposited in the child's name for 20 years and the compensation amount be paid with nine per cent interest from January 2011 till such payment was made.

The Judge pointed out government had not objected when the petitioner said his wife gave birth to a baby girl child at Saptoor PHC and had died while being taken to Government Hospital at Ezhumalai.

He also referred to an earlier ruling on negligence of the medical staff in the PHC, in which compensation was given.

The Government pleader submitted that the staff nurse and auxiliary nurse conducted the delivery after the woman was admitted and there was no abnormal bleeding.

On January 2, she experienced breathing problem due to "amniotic fluid embolism"and died while being taken to Government hospital at Ezhumalai, he said.

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