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2025 Supreme(Online)(Mad) 21071
IN THE HIGH COURT OF JUDICATURE AT MADRAS
MR JUSTICE V. LAKSHMINARAYANAN, J
Murugammal – Appellant
Versus
The Principal Secretary to G – Respondent
Writ Petition (MD) No.5530 of 2022 & WMP(MD).Nos.4476 & 4477 of 2022
Mr.S.Sukumar for Petitioner, Mr.M.Ajmalkhan, AAG for Respondents 1 to 4 & 6 to 10 Assisted by Mr.A.Kannan, AGP
The court established that medical negligence occurred due to the failure of healthcare professionals to provide adequate care during childbirth, leading to maternal death and stillbirth, and affirmed the State's vicarious liability.
Headnote:(A) Constitution of India - Article 21 - Medical negligence - Writ of Mandamus sought for compensation due to negligent pregnancy treatment leading to maternal death and stillbirth - Respondents failed to provide adequate medical care during critical delivery, resulting in gross negligence - Court emphasized the duty of care owed by medical professionals and the vicarious liability of the State for their actions. (Paras 28, 30, 66, 88)
(B) Medical negligence - Standard of care - Court applied the Bolam and Bolitho tests to assess negligence, concluding that the actions of the medical staff fell below the expected standard of care, leading to the tragic outcomes. (Paras 76, 86)
(C) Compensation - Court awarded Rs. 15,00,000/- for the death of the petitioner’s daughter and Rs. 3,00,000/- for the stillbirth, rejecting the higher claim of Rs. 50,00,000/- as excessive. (Paras 92, 93)
Facts of the case:
The petitioner sought compensation for the negligent treatment of her daughter, Kavitha, during childbirth at a Primary Health Centre, which resulted in her death and the stillbirth of her child due to inadequate medical care and failure to summon a doctor during critical moments.
Findings of Court:
The court found that the medical staff failed to exercise the requisite standard of care, leading to the death of Kavitha and her child, and held the State vicariously liable for their negligence.
Issues: The main issues included the adequacy of medical care provided during delivery, the presence of medical personnel, and the vicarious liability of the State for the actions of its employees.
Ratio Decidendi: The court ruled that the medical staff's actions constituted gross negligence, failing to adhere to the expected standards of care, and emphasized the State's responsibility for the actions of its medical personnel.
Result: Writ petition partly allowed; respondents ordered to pay Rs. 15,00,000/- to the petitioner.
ORDER
The petitioner seeks a Writ of Mandamus directing Respondents Nos. 1 to 5 to pay just and reasonable compensation to the tune of Rs. 50,00,000/- for the negligent pregnancy treatment by Respondent Nos. 6 to 10, which led to the death of the petitioner's daughter, namely Kavitha, and the stillbirth of a male child, based on the petitioner's representations dated 18.02.2022 and 10.03.2022.
Case of the petitioner
2. The petitioner, Murugammal, is the mother of the deceased, Kavitha. Kavitha was married to Ramki, a daily wage labourer residing in Soolamangalam, Thanjavur District. The marriage took place on 22.02.2021. Kavitha conceived soon after her marriage and underwent routine antenatal checkups at the Government Rasa Mirasuthar Hospital, Thanjavur. She was assigned RCH ID No. 133009242569, and her expected date of delivery was 15.02.2022. She received her first dose of Covishield vaccine on 07.12.2021, during her seventh month of pregnancy.
3. On 12.02.2022, at around 5:00 a.m., Kavitha experienced continuous labour pain. The petitioner and her daughter proceeded to the Kadambur Primary Health Centre (PHC) at approximately 10:00 a.m. on the same day. At the PHC, the 6th and 7th respondents, who were the attending medical personnel, informed them that the fetus was positioned correctly for normal delivery and advised that Kavitha be admitted and monitored for a day.
4. Kavitha's husband arrived at the PHC at around 5:00 p.m. on 12.02.2022. Later that night, viz. on 13.02.2022, at around 2:00 a.m., Kavitha experienced intensified labour pain. Despite the critical condition, and though 7th respondent was available “on call”, the attending nurse for reasons unfathomable, did not call the doctor. The delivery was attended only by the nurse, nurse’s husband, and a hospital assistant, without the supervision of a qualified medical officer. Kavitha delivered a stillborn male child at approximately 2:40 a.m. on 13.02.2022.
5. Following the delivery, Kavitha's condition rapidly deteriorated due to continuous bleeding as a result of a medical condition termed PPH (post partem haemorrhage). Postpartum haemorrhage (PPH) is severe or excessive bleeding after childbirth. It is a serious, potentially life-threatening condition, because of which, one can lose large amounts of blood very quickly. It causes a sharp drop in the blood pressure, which can restrict blood flow to the heart, brain and other organs. Even at this stage, the doctor was not called upon to attend on Kavitha. The nurse attempted to address the situation. At 2.29 am, she called the ambulance service and shifted Kavitha to the District Government Hospital at Tirunelveli. The ambulance arrived at the hospital at around 3.45 am. Despite the attempts of the doctors at Tirunelveli to resuscitate Kavitha, she passed away at 4:30 a.m. No post-mortem examination was conducted. The final rites were carried out at Soolamangalam, Thanjavur District.
6. When the petitioner attempted to lodge a complaint against the concerned medical staff at the PHC, the Inspector of Police, Kadambur Police Station, refused to register an FIR. A representation was submitted online by the petitioner on 18.02.2022, and only a CSR bearing the number 74/2022 was issued. No further investigation or FIR followed. The petitioner approached the District Collector, Thoothukudi, on 10.03.2022, seeking justice and for initiation of action against the negligent government medical officers. However, no effective steps were taken by the respondents.
7. The petitioner states that the Block Medical Officer at PHC, Kadambur was absent during the critical time of delivery, leading to the death of Kavitha, and of her child. The duty doctor was also not present at the time of delivery, depriving Kavitha of necessary medical care during the crucial moments. Respondent Nos. 8 to 10 failed to perform a cesarean section even though Kavitha's condition was critical, and required immediate surgical intervention. They did not pro
