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madrashighcourt

Madras HC directs Puducherry govt to release payments due to private medical colleges on priority

by Medically Speaking Team June 5, 2021

Puducherry government has been directed by the Madras High Court to release payments due to the private medical colleges on a priority basis so that the treatment rendered to Covid patients is not compromised by the private organizations for lack of funds.

The Bench of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy was hearing a petition stating that private hospitals and medical colleges which have been earmarked as Covid treatment centres by the government of Puducherry have been demanding fees and charges from patients despite not being so entitled

The Government of Puducherry submitted that Rs.20 lakh had been released to each of the private medical colleges towards food charges of the Covid patients referred by the government.

June 5, 2021 0 comment

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Madras HC directs state to reserve seat for NEET aspirant for Next Year

by Medically Speaking Team April 12, 2021

written by Medically Speaking Team

The Madras High court has directed the State Government to reserve an MBBS sdeat for a student falling under the Righ to Children Free and Compulsory Education Act (RTE) quota. The petitioner’s daughter was a NEET aspirant and score 425 marks in the second attempt by the time she could apply, the Tamil Nadu Government had reserved 7.5% for Government school students while the aspirant was from private school due to which she missed her chance.

After listening to both the parties, the High Court of Madras opined that the petitioner’s daughter admittedly deserved to be extended the benefit of the preferential right to the extent of 7.5% in terms of Act 24 of 2020.

“In the instant case, the Government is under moral and legal obligation to consider the petitioner’s daughter’s admission on priority basis in the following academic year by extending the benefit of 7.5% reservation under Act 24 of 2020. In case it is still possible to accommodate the petitioner’s daughter for this academic year against any left over vacancy due to the candidates non-joining the course, the authorities are directed to explore the possibilities and consider the claim of the petitioner’s daughter by extending the benefit of 7.5% reservation without any further delay,” the HC Bench held.

It further added, “In case for the present year it is not possible, in view of the closure of the admission process, the respondents are directed to reserve a seat for the petitioner’s daughter in her category namely Backward Muslim (BCM) and provide her admission for the next academic year on a priority basis in medical courses in terms of her overall standing in the merit list against the preferential admission category, if the petitioner’s daughter is interested in taking up the course to be offered to her, still.”

April 12, 2021 0 comment

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Madras HC directs Medical colleges construction to abide by norms

by Medically Speaking Team April 3, 2021

written by Medically Speaking Team

The Madras High Court has ordered the under construction medical colleges of the state to abide in accordance with the 2018 norms of the Medical Commission.

During the hearing, the state submitted that the norms were changed in 2020 by the Medical Commission and every attempt is being made to adhere to the latest norms by altering the construction to the extent possible.

The first bench of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy recorded the submissions and disposed of the plea by directing the State authorities to construct the buildings for the proposed national medical colleges to be set up in the State strictly in accordance with the applicable norms of the Medical Commission. “It will be open to the commission to depute personnel to inspect the nature of the construction on a periodic basis, if the commission so desires,” added the bench.

The petitioner contended that according to MCI guidelines, each medical colleges has to undergo various quality checks, from the identification of land till the completion, however, in the state things are being expedited for functioning from academic year 2021-22.

April 3, 2021 0 comment

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Madras HC directs state govt to compensate for death of 8-yr-old

by Medically Speaking Team March 1, 2021

written by Medically Speaking Team

Acknowledging the case of an 8-year-old Dalit girl from Aruppukottai, the Madurai Bench of Madras High Court has directed the state government to pay a sum of Rs. 5 Lakhs as compensation for the girl’s death due to complications arising from anesthesia administered to her.

Although the inquiry committee had concluded that there was no negligence on the part of the medical authorities, the bench of Justice GR Swaminathan held that the government is obligated to disburse ex-Gratia to the affected party if the patient was admitted to a government hospital and suffered an injury or death which is not anticipated to occur in normal course of events.

The court petition was filed in 2017 by Tamil Selvi, who alleged that it was a case of medical negligence and sought compensation.

The petitioner’s daughter was suffering from tonsils and was admitted to a government hospital in Aruppukottai for treatment. She was suggested a surgery for which she was administered an anesthetic drug named Propofol. It was not an intrinsically dangerous drug and was administered to children above three years. However, it is said that there may be implications on children with mitochondrial diseases. There was nothing on record to indicate that the deceased child had such a disease, the court said.

Justice G.R. Swaminathan observed that there were always instances when a drug does not accord with the body of the patient and that leads to unfortunate complications. The case on hand appears to be one such. Therefore, there was no ground to hold that the anesthetists had committed any act of medical negligence, the judge said.

The court held that with case on hand, the liability has to be fastened on the government since the institution was a government institution. The corpus fund is created by the State government that is generated with the contribution of each government doctor which is directed towards the court. The required sum is to be paid to the family within a period of 8 months.

March 1, 2021 0 comment