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Brain Defect boy Compensated for Medical Error

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. '"/>




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