S. GANESAN Vs. THE SECRETARY TO GOVERNMENT, HEALTH DEPARTMENT, GOVERNMENT OF TAMIL NADU, FORT ST. GEORGE, CHENNAI

JUDGEMENT

(1.) Introduction: The Medical Officers of Government Nagercoil Medical College Hospital administered Nitrous Oxide instead of medical oxygen to the wife of the petitioner, while she was admitted there for vasectomy, resulting in developing neurological complaints and her ultimate death in a coma condition. The deceased suffered physically and mentally for a period of 411 days in various hospitals including Madurai Government Rajaji Hospital and Christian Medical College Hospital, Vellore, solely on account of medical negligence.

(2.) Summary of Facts: The petitioner is a resident of Semponkarai in the district of Kanyakumari. He is doing coconut business. The wife of the petitioner, by name Rukmani, was a tailor by profession. She was earning not less than Rs. 400/- per day by engaging herself as a lady tailor. The petitioner is having two children aged about 19 years and 18 years as on today.

(3.) When it was found that the wife of the petitioner conceived once again, she was taken to the Government Nagercoil Medical College Hospital for vasectomy. She was admitted there on 18.03.2011. The wife of the petitioner was taken to the operation theatre at about 10.30 a.m., on 19.03.2011. According to the petitioner, at about 11.30 hours, he noticed the doctors and nurses in a tense condition and they have been coming out from the operation theatre and going inside with tension on their face. The petitioner was informed by a subordinate staff that his wife suffered heavy blood loss. Subsequently, at about 12 noon, she was transferred to the Intensive Care Unit. The petitioner was kept in the darkness with regard to the condition of his wife or the treatment given to her. Since the Medical College Hospital kept her without giving proper treatment, the petitioner made a complaint to the Director of Medical Education, Chennai. The Director of Medical Education deputed a medical team to examine the wife of the petitioner. The hospital authorities suspended some of its employees. Subsequently, on account of the agitation by the employees, suspension orders were recalled.