BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.11.2023 CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD)No.15337 of 2020 R.Jancy Mary ... Petitioner Vs.

1.The State of Tamil Nadu, Rep. By the Principal Secretary, Secretariat, St.George Fort, Chennai.

2.The Director, Directorate of Public Health and Preventive Medicine, No.359 Annasalai, Tenampettai, Chennai-600 006

3.The District Collector, Tenkasi District.

4.The Joint Director of Health Services, Tenkasi District, Tenkasi. ...Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents to take necessary appropriate and suitable action as against the erring doctors attached with Government Hospital Tenkasi, Tenkasi District who have wrongly diagnosed and treated and become responsible for the death of the petitioner's husband (K.Raja Subramanian, aged 49 years) as Covid-19 patient and further direct the 1st respondent to pay a suitable compensation in this regard on the strength of the representation e-mailed in this connection on 12.9.2020.

For Petitioner : Mr.R.Anand For Respondent : Mr.R.Ragavendran Government Advocate

O RDER

This writ petition has been filed for the issue of writ of mandamus directing the respondents to take action against the erring Doctors attached to the Government Hospital, Tenkasi, who according to the petitioner have wrongly diagnosed and treated the husband of the petitioner and as a result, he died on 10.09.2020.

2.The case of the petitioner is that on 03.09.2020, the petitioner's husband was running temperature and hence, he was taken to the Tenkasi Government Hospital and he was admitted as an inpatient. There it was informed that the petitioner's husband tested positive for Covid-19 virus. The petitioner informed the Doctors that her husband is suffering from Diabetes and therefore, she requested to give proper treatment to her husband.

3.The further case of the petitioner is that on 06.09.2020, her husband was discharged from the Tenkasi Government Hospital and he was advised to remain in home quarantine for a period of 14 days. The petitioner was under the impression that her husband was infected with Covid-19 virus and therefore, she complied with the directions given by the Doctors at Tenkasi Hospital. All of a sudden, on 08.09.2023, the health condition of the petitioner's husband started deteriorating and he was rushed to the Tenkasi Government Hospital through ambulance. He was shifted to Tirunelveli Government Medical College Hospital at about 11.30 p.m., on the same day.

4.At that point of time, it came to light that the husband of the petitioner was not infected with Covid-19 virus, whereas the treatment was given to him by administering the medicines for Covid-19. Due to this wrong diagnosis, the situation worsened and unfortunately, the petitioner's husband died on 10.09.2020 at about 06.00 a.m.. In view of the above, the petitioner made a representation to the respondents to take action against the erring Doctors, who according to the petitioner were negligent in treating the petitioner's husband and as a result, he died leaving the petitioner and her two children in lurch.

5.The fourth respondent has filed a counter affidavit. The relevant portions in the counter affidavit are extracted hereunder:

“7.It is respectfully submitted that admittedly husband of writ petitioner namely Raja Subramanian was treated as outpatient at kadayam Primary health Centre for cough and fatigued and he was advised to come on next day taking blood test. On next day blood test and swap test was taken to him and in the said test low platelets (82000) and therefore he was immediately referred to Tenkasi Government Hospital and on 03.09.2020 around 3.30 P.M. he was admitted at SARI Ward with fever and Fatigued and further during admission it was diagnosed that he was already infected with diabetes and Blood Pressure and for which he is taking treatment