Septuagenarian gets Madras High Court's reprieve
The judge also directed the health secretary to appoint an officer to enquire within 12 weeks.
Chennai: A septuagenarian, who lost his eyesight due to the negligence of the doctors/hospital staff of Government Ophthalmic Hospital in Egmore, and has been knocking the doors of various authorities, for compensation for over 9 years, got reprieve with the Madras high court directing the state health secretary to take up his case on priority basis and consider his claim and award suitable compensation. Disposing of the petition from the 75-year-old R. Marimuthu, Justice, M.S. Ramesh also directed the health secretary to identify the concerned doctor/hospital staff, who had contributed to the negligence and seek for written explanations from them.
On receipt of such explanation, if there is a prima facie negligence on the part of any doctor/ hospital staff, necessary action should be initiated against them. “The fact that the petitioner was promised 50 cents of land is admitted by the deputy director, health services in his letter dated September 5, 2009. Due to lack of action, petitioner made out a comprehensive representation on December 4, 2012, while the same is acknowledged, no progress is made, this court deems fit and proper to issue directions”, the judge added.
The judge also directed the health secretary to appoint an officer to enquire within 12 weeks, the delay, in responding to the petitioner’s representation on June 2, 2010. According to Marimuthu, he had visited the hospital for improvement of his eyesight and on the advice of the doctors/hospital staff, he underwent an eye operation on December 27, 2007, However, the operation turned into a nightmare for him when he lost his eyesight owing to the negligence on the part of the doctors/hospital staff, who had conducted the surgery.
Pulling up the authority for their inaction, the Judge termed the delay as a clear dereliction of duty on the part of the authorities. The judge said it was rather unfortunate that the petitioner has been dragged from pillar to post, in spite of the directions to the Kancheepuram district collector to compensate petitioner by assigning 50 cents land in his favour. No positive action has been taken by the authorities even to identify the land or give any reply to him, the judge added.