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V. Krishnakumar v. State of Tamil Nadu & Ors.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 8065 of 2009)Decided 1 Jul 2015
Civil Appeal No. 8065 of 2009
Justice J.S. Khehar · Justice S.A. Bobde

Background

The appellant's wife delivered a premature baby at a government hospital in Chennai in 1996; the baby was given very high levels of oxygen and underwent a blood transfusion shortly after birth. The baby subsequently developed Retinopathy of Prematurity, a condition causing permanent blindness, which the family alleged was caused by the negligent medical care, particularly the follow-up care administered during home visits by one of the government doctors. The National Consumer Disputes Redressal Commission (NCDRC) had found the State of Tamil Nadu, its hospital, and its doctors negligent and awarded Rs. 5 lakh in compensation; both the patient's father (seeking more compensation) and the State (challenging the finding of negligence) appealed to the Supreme Court.

Decision Breakdown

The Supreme Court held that the hospital and the State of Tamil Nadu were vicariously liable for the negligence of their doctors, relying on precedent that a state-run hospital cannot be absolved of liability for its medical staff's negligent treatment. Finding the NCDRC's original compensation inadequate given the lifelong disability caused, the Court substantially enhanced the total compensation to Rs. 1,38,00,000 (plus Rs. 42,87,921 for past medical expenses), apportioning the bulk of the liability to the State and the hospital's director, with a smaller share to the treating doctors individually. The appellant's appeal for enhancement was allowed and the State's appeal against the negligence finding was dismissed.

Lesson Learnt

Government hospitals and the state that run them can be held financially liable, alongside their doctors, for medical negligence causing permanent injury, and appellate courts will substantially raise compensation awards when the original amount does not reflect the true lifelong cost and impact of the harm caused.

Official source (sci.gov.in)View Judgment (PDF)

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