The Delhi High Court has directed the Delhi government to pay Rs 3 lakh ex-gratia to a two-and-a half-year-old child who lost his vision after premature birth at Guru Gobind Singh Government Hospital here.
Justice Prathiba M Singh said awarded Rs 3 lakh towards the ex-gratia costs or reimbursement of medical expenses while taking a compassionate and empathetic view of the matter as also the fact that the parents had moved from one hospital to another to get the requisite treatment for the newly-born child.
"It is made clear that the direction for release of the sum of Rs 3 lakh shall not be construed as an opinion on merits qua the conduct of the hospital or the doctor concerned. The Delhi government shall release the amount within a period of 6 weeks from today," the court said in an order passed on March 21.
The court was hearing a petition by the minor boy, through his father, seeking compensation for alleged medical negligence of doctors of the government hospital.
The minor was born on June 28, 2020, as a premature child in the 29th week of gestation.
The case of the petitioner is that he is totally blind due to medical negligence at the hospital, as a Retinopathy of prematurity (ROP) screening which was to be conducted within four weeks of the birth of the child was not conducted in the required time frame.
The minor has sought a compensation of Rs 11 crore for causing loss of vision, and the medical expenses incurred in different hospitals. Additionally, Rs 1 crore was also sought towards mental harassment and physical and mental agony.
A senior resident doctor of the hospital's Department of Ophthalmology apprised the court that after it was informed about the child's condition on July 27, 2020, all the necessary steps were taken to conduct his dilation.
The court observed that the newly born child has turned blind due to various unfortunate circumstances.
"After perusing the record, at this stage, the court is unable to go into the facts in detail and pin point the blame to any particular individual or organisation. The child was a premature baby, had several birth related complications and thereafter contacted Pneumonia.
"In the midst of this, the ophthalmic department has conducted the requisite tests and taken the necessary steps. In view of various complications, the child could also not be discharged early. The entire period was during the pandemic," the court said.
Taking into account the doctor's submissions and perusing the record, the judge said the "finding of medical negligence cannot be given by this court at this stage and the same may require a proper assessment on a factual basis, which this court is not to undertake in a writ petition".
-With PTI Input
