Negligence in Free Eye Camps
In Pushpaleela v. State of Karnataka, the court addressed mass medical negligence at a free cataract eye camp organized by the Lions Club and a social service organization, where 151 patients underwent surgery.
An inquiry found that Government of India safety guidelines were ignored and substandard sterilization caused severe infections, resulting in 72 patients losing sight in one eye and 4 becoming completely blind.
The court awarded interim compensation and monthly stipends, and later, through a PIL, ordered lump-sum damages ranging from Rs. 40,000 to Rs. 15,00,000 based on permanent disability.
The case established vicarious liability of the State for negligent medical acts in public welfare camps.
State of Chhattisgarh v. Gajendra Singh
In State of Chhattisgarh v. Gajendra Singh, the court addressed fatal medical negligence during a government-organized sterilization drive.
Meenakshi Devi died after a routine tubectomy at a Primary Health Centre camp in Lailunga due to the cumulative adverse reaction to injections carelessly administered by the doctors.
Applying the doctrine of strict liability, the Chhattisgarh High Court held the State vicariously liable for its medical staff and awarded Rs. 1,80,000/- compensation to the family.
The court emphasized that the State cannot shirk its duty to protect citizens in public welfare programs.
V. Krishnakumar v. State of T.N.
In V. Krishnakumar v. State of T.N., the Supreme Court established state accountability for medical negligence in public healthcare facilities.
The court held that when doctors employed in government hospitals commit negligent acts, the State is vicariously liable because it creates, manages, and administers these institutions through its Department of Health.
Therefore, the State cannot be absolved of its legal obligations or escape liability for the negligence of its medical staff.
Suraj Mal Chhajer v. State
In Suraj Mal Chhajer v. State, the Rajasthan High Court held the government accountable for failing to provide adequate safety gear to healthcare workers.
The petitioner’s 25-year-old daughter, Dr. Veena Chhajer, a resident doctor at a Jodhpur Government Hospital, contracted Hepatitis B while on duty and died.
An inquiry found that her infection could have been prevented through Hepatitis B vaccination and basic protective measures such as disposable syringes, needles, gloves, and aprons.
Holding this a serious administrative lapse, the High Court directed the State to pay Rs. 5 lakhs as interim compensation and ordered an independent High Power Committee to investigate the institutional negligence.
C. Sivakumar v. Dr. John Mathur & another
In C. Sivakumar v. Dr. John Mathur & another, the court addressed surgical medical negligence during treatment for a urinary blockage.
During the operation, the doctor totally severed the patient’s penis, causing severe hemorrhage, inability to pass urine, and permanent impotence.
Holding this extreme carelessness an unambiguous deficiency in service, the court directed the doctor to pay Rs. 8,00,000/- in compensation for the patient’s physical and psychological harm.
Uterus removed without justification
In Lakshmi Rajan v. Malar Hospital Ltd., the court addressed medical negligence involving an unjustified surgical procedure.
A 40-year-old woman visited the hospital for a painful breast lump, but the doctors removed her uterus without medical justification.
Holding the unauthorized hysterectomy a severe deficiency in service, the court directed the hospital to pay Rs. 2,00,000 as compensation for the wrongful removal of her organ.
