High Court Directs Delhi Govt To Pay ₹3 Lakh To Minor For Loss Of Vision After Premature Birth At Public Hospital

The Delhi High Court has directed the government to release a sum of Rs. three lakh ex-gratia payment to a two-year-old who lost his vision after premature birth at Guru Gobind Singh Government Hospital.

"This Court observes that the newly born child has turned blind due to various unfortunate circumstances," said the court.

The minor was born on June 28, 2020, as a premature child in the 29th week of gestation. However, he got completely blind as the Retinopathy of prematurity (ROP) screening which was to be conducted within four weeks of his birth was not conducted in time, his family said.

In an order passed on March 21, Justice Prathiba M Singh directed the Delhi government to release the amount to the child within six weeks.

However, the court clarified that the direction for releasing the ex-gratia amount shall not be construed as an opinion on merits qua the conduct of the hospital or the doctor concerned.

“….. 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 (minor child) 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 court said.

Justice Singh was hearing the petition moved by the minor child seeking compensation for the alleged medical negligence by the hospital.

In the petition filed through father, the minor sought compensation of Rs. 11 crore for causing loss of vision, and the medical expenses incurred in different hospitals. Additionally, Rs. one crore was also sought towards mental harassment and physical and mental agony.

A Senior Resident Doctor of the hospital’s Department of Ophthalmology apprised court that after it was informed about the child’s condition on July 27, 2020, all the necessary steps were taken to conduct his dilation.

Perusing the documents on record, the court noted that the child had several birth related complications and also contracted Pneumonia.

“In the midst of this, the ophthalmic department has conducted the requisite tests and taken the necessary steps. In view of various complications, the child could also not be discharged early. The entire period was during the pandemic,” it said.

Furthermore, it was noted that the ophthalmic department had referred the child’s case to AIIMS on July 28, 2020, however, the parents took him to AIIMS only in the first week of September.

The court thus observed that the finding of medical negligence cannot be given at this stage, adding that it may require a proper assessment on a factual basis, which cannot be undertaken in a writ petition.

“Cases claiming compensation due to Medical Negligence require a determination of disputed questions of fact. The said determination ought to be in appropriate jurisdiction and not in writ jurisdiction,” the court said.

While awarding ex gratia costs as reimbursement of medical expenses to the child, the court granted liberty to the minor to avail of his remedies, if any, in accordance with law.

“The petition is disposed of in these terms. All pending applications, if any, are also disposed of,” the court said.

Title: MASTER PRATHAM SINGH LATWAL v. GURU GOBIND SINGH GOVT HOSPITAL AND ORS.

Citation: 2023 LiveLaw (Del) 265

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