Medical negligence claims require a demonstration of delay in treatment leading to injury. Hospitals owe a duty of care to patients, and compensation may be mandated by government policy even when negligence is not established.

ORDER :

1. This writ petition has been filed for a direction directing the respondents to pay compensation for the negligence on the part of the third respondent hospital and also to take appropriate action as against the third respondent's hospital officials.

2. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3. The petitioner was admitted in the third respondent hospital for her stomach pain. The third respondent advised to get for immediate surgery. Therefore, she was admitted in the third respondent hospital on 01.05.2019 for removal of uterus. On 02.05.2019 the surgery was conducted and removed her uterus. Thereafter, she was shifted to general ward. After recovering from the anesthesia, she felt heavy pain on her right leg. Though, it was informed to the doctors of the third respondent hospital, she was not given any treatment for her leg pain. But she seriously suffered from leg pain and she could not able to tollerate the pain, even though, the third respondent failed to bring the superspeciality senior doctors from the nearby medical college for the higher treatment. On 08.05.2019 one female doctor visited the the petitioner and shouted the nurse and doctors of the third respondent for the delay caused to brining the super speciality doctors. Immediately, she was advised to take a scan. She was taken to private scan centre and had taken a scan. Even then, the scan report was not looked into by the superspeciality doctor since two days once the superspeciality doctor visited the third respondent's hospital. On 09.05.2019 one Speciality Medical Chief Doctor came from Madurai Rajaji Government Hospital and he examined the petitioner. He advised immediate transfer of the petitioner to Madurai Rajaji Hospital due to health condition of the petitioner. She got blood clot in her right leg and there is no blood circulation throughout the leg. Therefore, they decided to amputate her right leg completely. On 09.05.2019 she was taken to Madurai Rajaji Government Hospital and admitted as Inpatient in Ward No.336. Thereafter, a surgery was done and her right leg has been amputated. Now, she is unable to even walk, stand and to remove anywhere. If the third respondent hospital provided treatment in the right time, there would not be amputation of the petitioner's right leg.

4. On a perusal of the counter affidavit filed by the third respondent and also the submission made by the learned Government Advocate appearing for the respondents 1 to 6 revealed that the petitioner got admitted for abdominal pain on 01.05.2019 and on the basis of the scan report, her uterus was removed by surgery on 02.05.2019. After surgery, she was under observation and thereafter, she was completely normal and also walked her own. But on 06.05.2019 she requires A+ blood and it was transmitted to her. Thereafter, she was severe pain on her right leg and immediately, the Surgeon along with physician visited the petitioner. She was administered pain killer by injection and advised to take a scan. On a perusal of Doppler scan reported dated 08.05.2019 found that the Arterial Occlusion Vessel was blocked, it had happened to a diabetic patient. A vascular surgeon used to visit the third respondent hospital twice a week from Rajaji Government Hospital, Madurai. Therefore, on the visit of the Vascular Surgeon, on 09.05.2019 the scan report was shown and considering the condition of the patient, he suggested to shift her to Madurai Rajaji Hospital for higher treatment. Thereafter, she had undergone surgery and due to advise of the specialist surgeon her right leg was amputated