Navigation Links
Brain Defect boy Compensated for Medical Error

A 16-year-old boy whose brain damage at birth has turned him into a virtual vegetable has finally won compensation from the doctors his parents hold guilty, but that is of// little use to him.

The National Consumer Dispute Redressal (NCDR) forum has ordered the Cosmopolitan Hospital here and two doctors to pay Rs.1.1 million ($24,300) to the parents of Chakkara alias Naveen Thomas, holding them responsible for medical negligence. The money was given away last month.

But Chakkara doesn't know anything about it. He keeps crying, now and then, and constantly falls down as he tries to walk within his house.

The boy's -- and his parents' -- trauma began Dec 13, 1989. What was to be a landmark day for Shibhu Thomas (now 44) and Geetha George (now 38) turned out to be a devastating moment from which they never recovered.

Geetha's expected date of delivery, of their first child, was Dec 6, 1989. Their gynecologist told them that all was fine and the baby would be born a few days later.

Shibhu Thomas told IANS: "On the 11th pain was induced. The first mistake took place when the senior gynecologist did not do an immediate caesarian... Geetha was left alone.

"Two days later, by noon Geetha delivered Chakkara, little realizing that his days of misery were to begin."

For three days the newborn did not cry nor did he suck milk. And Thomas felt the doctors were not responding adequately to his and his wife's misery.

"I felt it was getting out of hand. I asked for the case sheet. After a while I grabbed the case sheet and the hospital referred my baby to the Government Medical College Hospital. After a lot of checkups we were told that my son's brain cells have been damaged because of breath asphyxia caused due to the delay in delivery," said Thomas, a bank manager.

After 45 days at the government hospital, Thomas and Geetha returned with their baby, knowing well that he w ould be mentally retarded, because of the negligence of the doctor.

Geetha's father, T.C. George, a retired deputy accountant general, decided to seek justice for his grandson.

"We approached the State Consumer Redressal Forum in 1991 saying this was a clear case of medical negligence and demanded a compensation of Rs.450,000," the father said.

In 1995, the family got a shock when the forum ruled that the hospital and doctors had done no wrong. The family then went to NCDR and in 1997 the appeal was accepted.

Then began a series of hearings. On May 18, Justice M.P. Shah ruled that the doctor had failed to take into account the warning signals and take steps for a caesarian to avoid birth asphyxia.

"The helplessness, suffering and mental agony of the parents in bringing up this child cannot be sufficiently compensated considering the permanent disability of the child. We can say that the compensation is on the lower side," reads Shah's judgment.

Soon after, the hospital paid Rs.1.1 million (Rs.450,000 plus 10 percent interest from the date of filing the complaint) to the parents.

"Mistakes can happen to anyone. The doctor's profession is the noblest. But if they had acted on time, would my Chakkara be like this?" asks Geetha, who has resigned her job as a lecturer to be with Chakkara.

Today, Chakkara has two younger brothers -- George (13) and Jacob (6), for whom their elder brother is the dearest.

"Every day we pray for Chakkara. God would surely perform a miracle," says one of the brothers.

The first miracle, according to Joseph, is that all these years Chakkara used to have no control over his urine. Now he cries when it is time for him to pass urine, and he is taken to the toilet.

Every member of the family is attached to the boy and sleep with him at night.

Thomas says with the verdict, the judicial fight is over.

"You don't know the mental agony all of us had to undergo because he is seen as a mentally retarded child and not as a child who became mentally retarded because of medical negligence. We are thankful to god that the truth has come out and our prayers are that none should ever undergo what we underwent," said Thomas.

Chakkara's happiest event is a drive in his father's car. He is on anti-convulsion drugs and other medicines worth Rs.4,000 a month.

Speaking to IANS, V. Balagopal, chief executive officer of the Cosmopolitan hospital, said: "We do a lot of good things but that is not news. We know when man bites dog it is news. Anyway we have settled the issue."


Related medicine news :

1. Use of Cellular Phones associated with Increased risk of Brain Tumors
2. Brain death – How to cope with it
3. “Brain fingerprinting”- The new lie detectr
4. Nasal Spray Could Take Drugs Direct to Brain.
5. Virus Combats Brain Tumour
6. Nasal Spray Could Take Drugs Directly to Brain
7. Control of anger disorder connected to Brain Dysfunction
8. High Levels of Protein Linked to Brain Shrinkage
9. Brain damage affects artistic skill
10. Brain cells protected by new compounds
11. Brain changes observed in people with sleep apnoea
Post Your Comments:

(Date:10/13/2015)... ... October 13, 2015 , ... "My friend's son suffers from ... his infected cheeks," said an inventor from Platteville, Colo. "I came up with this ... He developed the UNTOUCHABLE to prevent a child from rubbing or scratching his or ...
(Date:10/13/2015)... ... ... According to an article published October 5th by the American ... weight with a bariatric procedure are much less likely to develop endometrial cancer, which ... from 40 to 50 percent of all endometrial cancer cases are caused by obesity, ...
(Date:10/13/2015)... ... October 13, 2015 , ... ... IBM software products, introduced a new company, RightSensor™ LLC, an Internet of Things ... capability. RightSensor™ provides a fully-managed approach for customers requiring sensor hardware for ...
(Date:10/13/2015)... , ... October 13, 2015 , ... e-con Systems Inc., ... today announced See3CAM_CU40, the industry’s first RGB-IR pixel format camera with a ... new member of e-con’s See3CAM family of UVC USB 3.0 cameras, is based on ...
(Date:10/13/2015)... ... , ... Protein is essential to good health. You need it to make ... much protein does the average man need in order to stay healthy? , ... issue of Harvard Men's Health Watch . Most Americans get about 15% of ...
Breaking Medicine News(10 mins):
(Date:10/13/2015)... , Oct. 13, 2015   Micell Technologies ... DESSOLVE I and II trials of its MiStent Sirolimus ... ® ) were presented at the 27th Annual ... San Francisco , October 11-15. TCT ... cardiovascular medicine. MiStent SES was designed to optimize vessel ...
(Date:10/13/2015)... -- Health Gorilla ( ) today announced the launch ... secure platform for clinical data and communications poised to change ... healthcare in the US. The launch follows the closing of ... of $4.4M raised to date, with Data Collective ... Harris Barton , Orfin Ventures and ...
(Date:10/13/2015)... 2015 China Jo-Jo Drugstores, Inc. ... "), a leading China-based retail, wholesale and online distributor ... online and retail pharmacies, announced preliminary half year fiscal ... pharmacy through , growing 438% year over ... China Jo-Jo,s online sales are ...
Breaking Medicine Technology: