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Madras HC orders interim compensation to parents of infant whose thumb was cut off
TIWN
Madras HC orders interim compensation to parents of infant whose thumb was cut off
PHOTO : TIWN

Chennai, June 23 (TIWN) The Madras High Court has ordered the Tamil Nadu government to provide interim compensation of Rs 75,000 to the parents of a newborn baby whose left thumb was cut off by a negligent nurse while trying to removing a paediatric cannula. The incident occurred in Thanjavur Government hospital on June 8, 2021.

The court passed the interim order in a petition filed by M Ganesan, who is the father of the 14-day-old girl child, seeking compensation and proper treatment for the child in a multi-specialty hospital.
Justice N Anand Venkatesh observed that on prima facie consideration of the materials placed before the court, the parents of the newborn child were made to helplessly watch the left thumb of the child lying on the floor and the child writhing in pain. It is such a horrifying experience which would have caused so much pain, suffering and mental agony to the parents.
The judge observed that in cases of this nature, the court has to necessarily apply the strict liability theory. "Since the incident itself shows that there was negligence, some interim compensation must be paid by the government to the parents of the child. This is the minimum that a government must undertake in a welfare state," observed the judge.
Taking into account that already a recommendation had been made for award of compensation and it was under active consideration, the judge directed the state government to pay an interim compensation of Rs 75,000 to the parents of the child within four weeks.

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