KATHMANDU: The Supreme Court (SC) has ordered the Kanti Children’s Hospital in Kathmandu to provide Rs 3 million in compensation to a child in a case relating to medical malpractice.
The full text of the verdict delivered by a bench of Justice Hari Prasad Phuyal and Tilak Prasad Shrestha on February 8, 2023, was made public today which decided that the victim be provided the compensation amount.
An 8-month-old infant was admitted to Kanti Children’s Hospital for emergency treatment after he developed respiratory-related complications on July 6, 2016.
The infant’s father, Dhruba Kumar, filed a complaint in the Kathmandu District Administration Office, stating that his child’s health was adversely affected after the Hospital’s doctor had mistakenly administered a meningitis malaria vaccine that was kept for another child.
The vaccine meant to administer to Shambhu BK was administered to the infant on the same night.
The full text of the verdict reads, “Based on the evidence, it has been confirmed that the 8-month-old infant Alok Baral’s health has been adversely affected due to medical negligence.
According to the medical report prepared by Dr. Ayushma Regmi on behalf of the Kathmandu Public Health Office, the Court held that the symptoms in the infant following the vaccine administration were due to the side effect of meningitis malaria.
The infant had difficulty in respiration and symptoms such as leaking of stool and urine were seen in him.
The full text of the verdict further read, “The symptoms seen in the child was akin to the side effect of the meningitis malaria vaccine. Since it was found that the overdose of the wrong medicine administered to the infant due to gross negligence of the Hospital could claim the life of an 8-month-old and the overdose of the wrong medicine seems to affect the child physically and mentally for lifelong. Hence, the Court finds that the Hospital has an indirect obligation to pay compensation to the victim’s child.”
The infant’s father had moved to the High Court and Supreme Court after filing a complaint at the District Administration Office stating that the Hospital had been negligent to his child’s health and he had demanded due compensation.
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