M. RAMAMOORTHY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The present writ petition has been filed seeking a writ of mandamus directing the first respondent to pay a compensation of Rs.25.00 lakhs to the petitioner on the allegation of medical negligence on the part of the second respondent herein.

(2.) According to the petitioner, his son was admitted to the second respondent Hospital on 19/8/2008 where he was diagnosed with Hirschsprung disease ( hereinafter referred as HD) by the department of paediatric surgery. According to the petitioner, his son underwent Rectal Biopsy and he was under a hope that his son would be operated after the confirmation of HD disease. But he was discharged on 27/8/2008. Thereafter, the petitioner's son had visited the Hospital on four occasion namely in September, October and November 2008. During the said period, he was just provided with temporary relief and he was treated as an out patient.

(3.) The petitioner had further contended that his son was admitted for the second time on 11/11/2008 and he was again discharged after providing Barium Enema on 14/11/2008. The petitioner's son was admitted to the second respondent Hospital for the third time on 6/4/2009 and he was discharged on 13/4/2009 without any proper improvement. Since there was no improvement in paediatric ward, the petitioner's son was admitted to the adult ward in the same Hospital on 2/9/2009 and he was discharged on 17/9/2009.