Court found no negligence by the clinical establishment post-delivery as investigations indicated death due to natural causes.

J U D G M E N T

The petitioners, husband and wife have approached this Court essentially complaining about the negligence from the side of a clinical establishment/hospital run by respondents 2 and 3 herein. The 1^st petitioner herein, the wife was pregnant and she was admitted to the 2^nd respondent institution in connection with the delivery of the baby. Admittedly, the 1^st petitioner delivered a baby on 20.01.2023. There is no dispute about the fact that the delivery was a normal delivery. Therefore, the petitioners state that the mother as well as the child were discharged on 21.01.2023. Unfortunately, on account of certain complications developed while the child was at the residence of the 1^st petitioner, the baby was taken to the 5^th respondent Government Medical College and Hospital, Kalamassery. It is further not in dispute that the Medical College authorities certified that the baby was "brought dead". A post-mortem was also conducted as evidenced by Ext.P8. Though in the general findings of Ext.P8 post-mortem report dated 23.01.2023, certain observations were made to the yellowish colour of “sclera”, the opinion as to the cause of death was not instantly provided stating that the report after the laboratory investigation requires to be analysed for providing the same. It is in such circumstances that the petitioners are before this Court through this writ petition seeking the following reliefs;

“(i) Issue a writ, order or direction in the nature of Mandamus or any other appropriate writ, order or direction directing the 1^st Respondent to bring in regulations invoking powers under S.51 of the National Nursing and Midwifery Commission Act , to comprehensively deal with birth centres following midwifery model for birth and regulate them to maintain high standards;

(ii) Issue a writ, order or direction in the nature of Mandamus or any other appropriate writ, order or direction directing the 5^th Respondent to reissue a post mortem certificate after ascertaining the proper cause of death of the child of the petitioners, within a time frame to be fixed by this Hon'ble Court;

(iii) Issue a writ, order or direction in the nature of Mandamus or any other appropriate writ, order or direction directing the 4^th Respondent to investigate the death of the child of the petitioners and take action in accordance with law.”

2. Heard the learned counsel for the petitioners, the learned Deputy Solicitor General of India for the 1^st respondent, Sri.Manu Govind, the learned counsel for respondents 2 and 3, Sri.Vivek Menon, the learned counsel for the additional respondents 9 and 10, as well as Sri.N.B.Sunil Nath, the learned Government Pleader.

3. Pending the writ petition, admittedly, an additional post-mortem report dated 13.11.2023 is placed on record along with a memo dated 20.11.2023 by the learned Government Pleader. A perusal of the report dated 13.11.2023 issued by the Government Medical College, Ernakulam, would show that the cause of death was “Aspiration Pneumonia consistent with Milk Aspiration”.

4. In the light of the findings contained in the post-

mortem report dated 13.11.2023, in my opinion, the petitioners may not be justified in casting aspersions about respondents 2 and 3 herein.

5. Furthermore, as regards the first prayer in the writ petition, noticed earlier, the Union of India has already come on record pointing out that a legislation is in the offing. Therefore, the first prayer in the writ petition does not remain for further consideration.

6. As regards the second prayer, for a direction to the 5^th respondent to reissue the post-mortem certificate, after ascertaining the proper cause of death of the newborn, that also do not survive in view of the additional report dated 13.11.2023.

7.