State ordered to pay Rs.30 Mn for disabled child
The Colombo District Court ordered the State to pay Rs.30 million to a disabled girl ruling that her disability condition was affected by the careless actions of the Doctors and Health Staff at Gampaha District Hospital while giving birth to her in 2012.
The case was filed by the victim girl Sanduni Athasha and her mother citing the Attorney General and Health Ministry Secretary as respondents seeking a compensation of Rs.50 million for the careless actions of the doctors and staff at the Gampaha Hospital at the time of her confinement. After considering the evidence that transpired during the lengthy trial, the judgment was delivered by Additional District Court Judge Kalhari Liyanage giving the advantage to the plaintiff.
According to the plaintiff, the victim girl’s mother was admitted to the Gampaha Hospital on May 14 in 2012 due to her labour pains. Following admission to the hospital a sudden severe pain had occurred and although it had been informed to the ward doctors they had not given any special attention for her pain.
According to the evidence during the trial it has been revealed that the baby’s umbilical cord was tied around her neck at the time of birth, which reduced the oxygen supply to her brain and thus ‘Meconium’ had passed. It is said that due to the occurrence of that ‘Meconium’ entrapment she has now developed ‘Cerebral Disorders’ due to the lack of oxygen.
In such a case, a scan should be done and the baby should be delivered by ‘caesarean’, but no action had been taken in this regard, the evidence revealed.
The plaintiffs have also produced facts to Court that the child is currently unable to speak (mute), being unable to move or walk while suffering from frequent seizures and will not be able to function as a normal person for the rest of her life.
Considering all the facts submitted to Court, the State was ordered to pay a compensation of Rs.30 million to the victim girl by the Colombo District Court.