Delhi HC directs state govt to pay Rs 3 lakh to minor for loss of vision after premature birth at public hospital

New Delhi [India], March 24 : The Delhi High Court has recently directed the Delhi Government to pay Rs 3 lakh to a two-year-old child who lost his vision after premature birth at the government-run Guru Gobind Singh Hospital (GGSH).

The child was born on June 28, 2020, at 29 weeks of pregnancy.

Justice Prathiba M Singh on March 21 passed the order and directed the Delhi government to release the amount in six weeks. The court observed, "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 pinpoint the blame on any particular individual or orgsation. The child was a premature baby, had several birth-related complications and thereafter contacted Pneumonia, the court said in the order.

The case of the Petitioner is that he is totally blind due to medical negligence at the GGSH, as a Retinopathy of prematurity (ROP) screening which was to be conducted within four weeks of the birth, was not conducted in the required time frame.

However, in the overall facts and circumstances of this case, taking a compassionate and empathetic view of the matter, as also the fact that the Petitioner had moved from one hospital to another in order to obtain the requisite treatment for the newly born child, Rs.3 lakhs is awarded as ex gratia costs/reimbursement of medical expenses to the Petitioner, the high court directed.

The Petitioner is, however, free to avail of his remedies, if any, in accordance with the law, the court said.

However, the court clarified that the direction for the release of the sum of Rs. 3 lakhs shall not be construed as an opinion on merits qua the conduct of the hospital or the doctor concerned.

The petitioner had moved a petition seeking compensation of Rs. 11 crore for losing vision/eyesight due to negligence in the treatment. The compensation was sought in order to provide proper care, education, medical and financial support to the petitioner.

Additionally, Rs. one crore compensation was also sought towards mental harassment and physical and mental agony.

The Counsel for the Petitioner submitted that the ROP ought to have been conducted within time and there was a chance that the child's vision would not have been affected.

On the other hand, advocate Satyakam, counsel for Delhi Government, took the court through the record and submitted that the hospital and doctors cannot be blamed.

Dr. Harish through video conferencing informed the court that the Department of Ophthalmology of the Guru Gobind Singh Government Hospital was informed of the condition of the baby only on July 27, 2020.

He pointed out that immediately thereafter the department took all the necessary steps to conduct the dilation. The dilation was fixed initially for July 27, 2020, and thereafter on July 28, 2020.

However, it was capable of being conducted only on July 29, 2020, owing to the condition of the baby who was a premature baby as the dilation was not possible, Doctor submitted.

On the date when the test was conducted on July 29, 2020, it was noticed that the vessels were tortuous in both eyes and immediately the reference was made to Dr Rajendra Prasad Centre for Ophthalmic Sciences, AIIMS for detailed evaluation and ROP screening.