Lax officials to pay Rs5 lakh for kid’s death due to delay in nod for operation

MUMBAI: In a landmark ruling, the Bombay high court has ordered the Solapur zilla parishad to pay Rs 5 lakh as compensation for failing to clear a life-saving brain surgery for a five-year-old girl, which led to her death in 2013. A division bench of Justices Abhay Oka and Anil Menon ordered the ZP to pay the sum with 9% interest within a month to Soufiya's father Azmoddin Shaikh.

The judges termed the lapse on the part of the officials "gross negligence" and violation of human rights and fundamental rights. "There is no explanation from the ZP for the delay. As a result of the inaction on the part of the ZP, the life of Shaikh's daughter was unfortunately lost as the surgery was not performed," the HC said, adding, "It amounts to violation of the fundamental right of protection of life, guaranteed under Article 21 of the Constitution."

Ordering an inquiry to find the guilty officers, the court has directed the state to take action against them. Soufiya was diagnosed with hydrocephalus with cerebral palsy—a condition due to excess cerebrospinal fluid in the brain, during a medical camp run by an NGO. The disease had affected her hands and legs. The condition requires a surgery to create a shunt so that the excess fluid drains to another cavity.

On July 6, 2013, the civil surgeon submitted a proposal to sanction the surgeries of Soufiya and 28 other children to the CEO of Solapur zilla parishad under the Sarva Shiksha Abhiyan scheme. Under the central government-funded scheme, disabled and poor students are to be provided free medical treatment in recognized government or private hospitals and the ZP is responsible for identifying such children and approving funds for their treatment.

Soufiya and her family waited for around two months for the approval for her brain surgery. She died on September 1, 2013, and two days later the CEO gave his approval. In December 2014, Soufiya's father moved the high court seeking compensation and action against the officers responsible for his daughter's death due to delay in medical treatment.

The petition relied on a November 2013 report of the civil surgeon, which stated that if the CEO had acted promptly Soufiya's life could have been saved. "As the entire expenditure for the surgery and treatment of the girl was approved by the civil surgeon, only on account of fatal delay in issuing consequential order did the girl die without receiving the required treatment," the court observed. The HC has scheduled the matter for hearing on June 29, 2015, to check the compliance of its orders.

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