Saturday, July 14, 2012

medico legal law


The pathetic case of ganesan reiterate the importance of buttressing the position, legal and judicial activism on medico legal laws.










Let's see, the factual aspects of the pathetic case,  Ganesan, a coolie worker, admitted his wife namely rukamani for family planning operation in government medical college hospital, nagarcoil. Unfortunately, operation was conducted unsuccessfully and she becomes unconscious. There is also an allegation that the medical officials used nitro oxide instead of oxygen in negligent manner .Further, rukmani adimitted on "ICU''.


In the circumstances, ganesan filed the writ petition seeking for certain relief against the hospital. The high court directed for Rs. 50,000/- as interim compensation .Subsequently rukamani was shifted to other hospital for further treatment.


Finally, while she was under the treatment in Christian medical college hospital, Vellore, she died on 4.5.12.


Then, ganesan filed another writ petition to seeking direction for restrain the government medical college hospital, nagarcoil to conduct the post mortem, and consequential direction for conduct post mortem in christian medical college. 


It is not able to say as wrong, the person having panic that if the same medical officials, who are the reason for the death caused by negligence (or who kill the rukmani - according to her husband) conduct the post mortem, there is lot of possibilities to suppress the facts and giving wrong report.


Now, the Hon'ble High Court (in W.P.(MD)No.6750 of 2012)  , restrained the nagarcoil medical college officials to conduct the post mortem ,and directed the vellore medical college to conduct post mortem . The petitioner also was allowed to take the video graph of the post mortem. 


Here, things to be reckon, ganesan being coolie worker, admit his wife in hospital not for any medical illness but for family planning operation which is motivated by the government. Lethargic and negligence approach ensued in end of life of a poor woman. Now she passed away leaving her two children without any fault on her.