KATHMANDU, Aug 1: Due to the doctor's negligence, Kanti Children's Hospital had to pay a compensation of Rs 3 million to a victim child. The Supreme Court has ordered Kanti Children's Hospital to pay compensation to the child who was physically harmed for life after he was given a vaccine another child was supposed to be given.
The full text of the judgment passed by the joint bench of Justices Hari Prasad Phuyal and Til Prasad Shrestha on 8 February 2023 has come out recently. It was confirmed that the health of an 8-month-old child was seriously affected due to the medical carelessness of Kanti Children's Hospital. After that, the district administration office decided to give Rs 1.5 million to the child's father. Dissatisfied, the child's father filed an appeal at the Patan High Court. The High Court upheld the decision to give Rs 1.5 million. After that, a petition was filed at the Supreme Court, seeking a re-hearing. The Supreme Court overturned the decision of the High Court and decided to award a compensation of Rs 3 million.
An 8-month-old child was given the wrong medicine in an overdose, which was a result of carelessness. As a consequence, the child is now unconscious and unable to move his legs, hear, or see properly. This unfortunate incident occurred due to medical negligence. The child will have to endure physical and mental suffering for the rest of his life, and his family is deeply affected too. The child's physical and intellectual abilities have been damaged, and this has caused emotional and financial distress to the family. The family is dependent on wage labor and faces a poor economic situation. The expenses incurred for the child's hospitalization, medical treatment, medications, transportation, and other unexpected costs have added a significant financial and emotional burden to the family.
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It is said that the victim's parents are earning a living by doing wage labor in a family consisting of four members. As a result, the court pointed out that since the child Alok Baral was physically and mentally disabled, the mother had to work day and night to take care of her son. The court also pointed out that there was a loss in livelihood. While determining the amount of compensation given to the child, the child's family had to bear the medical expenses to be borne in the future, transportation and other expenses, the expenses of lawyers, the loss according to the standard of living of the family. The Supreme Court has made it clear that the minimum amount prescribed for compensation should be taken into consideration of income, personal damage, physical and mental damage, victim's age and family responsibilities to be taken care of.
This is what happened
On July 6, 2016, Alok Baral, an eight-month-old baby boy, was taken to the emergency room of Kanti Children's Hospital by his parents after he developed a throat problem. As per the doctor's advice, the child was sent to the observation room to be steamed and taken home. Immediately the child was given steam, but without being discharged, he was placed in the hospital with a canal.
According to the doctor's advice, the child's father brought '85 mg hydrocortisone injection' and administered it twice. By that time the child's condition was normal. Then at 11:30 pm, a nurse gave the child an injection. From that time, the baby's stool started leaking. After giving the pump and PCR for 40 minutes, the heartbeat showed 77% and was referred to International Friendship Children’s Hospital at 2 AM. After 18 months, the child could not move his legs, and could not hear, his eye veins had dried up and he could not see. After looking at the injection bottle used for the third time, the medicine was found to be for meningitis and malaria. The injection against malaria was brought for a 10-year-old boy, Shambhu BK. As a result of the nurse’s carelessness, the 8-month-old baby was vaccinated.
The child's father filed a complaint at the hospital, demanding Rs 5.4 million. After that, he reached the court through district administration Kathmandu. This judgment of the Supreme Court has addressed malpractice in hospitals. Due to the carelessness of the hospital against the fundamental rights given by the Constitution, the life and death of the child is on the line. The court has also ordered the doctors, nurses, and other staff involved in the treatment of patients to take adequate precautions.
