The Supreme Court in this case held that both parents and minor can claim compensation under the Consumer Protection Act.
Facts
In this case the minor child – Harjot Ahluwalia was admitted by his parents to Spring meadows hospital
The child was diagnosed with typhoid and was injected a solution by a nurse after which his condition deteriorated.
He was shifted to an auto respiratory ICU at AIIMS, where it was found that due to the injection administered, and his brain got damaged and he would only live in a vegetative state for life.
The parents of the child approached the court for a case of medical negligence and demanded compensation, on behalf of the child.
Issue
The issue in this case was whether the parents of the children who went into a vegetative state due to the negligence of hospital staff can claim compensation or not.
Arguments by the nurse and the hospital
It was argued that there was no medical negligence as the nurse was professionally qualified and the solution of the injection administered was already being given in the oral form, hence the nurse did not do any test for injection.
They further argued that the nurse did not exercise independent decision and was only acting as per the directions of the pediatrician. The hospital also argued that compensation cannot be claimed twice, by both the child and his parents.
Decision
The court while making a case for gross negligence quashed these arguments and held the hospital responsible, for the medical college of the nurse had no affiliation, the injection overdose had led to the child’s brain damage and there was no resident doctor present. The court in this case held that the scope of definition of “consumer” in the act is wide enough to include both parents and the child within its purview. The court further held that the compensation for the loss can be claimed by both parents as well as the child.
Analysis
The child in this case is justified in seeking compensation for the recurring medical expenses, equipment, etc, for the vegetative state he is rendered in. The parents are also, as beneficiaries entitled to seek compensation for the pain, acute mental agony and lifelong care that they’d be required to give to the child.
