MADURAI: The Madurai Bench of Madras High Court has directed the state government to pay Rs 6.75 lakh as compensation to a family after a staff nurse of a government hospital in Thanjavur accidentally severed the thumb of a new born post-delivery in 2021.
Justice S Srimathy gave the ruling on a petition filed by the baby's father Ganesan.
Ganesan stated that his wife delivered a girl child at Government Raja Mirasdar Medical College Hospital in Thanjavur on May 25, 2021. Two weeks later, a staff nurse, Sheela, who was on duty, who tried to remove remove the venflon from the baby's left hand using a pair of scissors, severed her thumb due to negligence.
Subsequently, Ganesan filed a mandamus petition before the court seeking fair compensation and the passed an interim order granting compensation of Rs 75,000.
Further, the court directed Ganesan to submit his calculation for compensation under the Motor Accident Claims and also under any other Act. The petitioner submitted three calculations - one calculated through multiplier method, second through partial disability method, third under the Workmen Compensation Act.
During the final hearing recently, the court considered the principles applied in cases of partial permanent disability under Motor Accidents Claims and the calculation under Workmen's Compensation, and fixed at Rs 7.5 lakh as compensation. It directed the state government to deduct the interim compensation, and pay Ganesam the Rs 6,75,000.
Further, Ganesan is at liberty to seek treatment for the child at the Government Medical College in Omandurar Government Estate, Chennai, once she attains the age of 12 years, for plastic surgery, the judge said.
