Justice N. Anand Venkatesh of the Madurai Bench of the Madras High Court has directed the Additional Sessions Judge in Nagercoil in Kanniyakumari district to conduct trial on a day-to-day basis in the case pertaining to the death of a woman after she was administered nitrous oxide instead of oxygen at Kanniyakumari Government Medical College Hospital at Asaripallam in 2011.
The case of the prosecution was that on March 18, 2011, G. Rukmani, wife of Ganesan, was admitted to the Asaripallam hospital to undergo abortion and vasectomy. The next day she was administered nitrous oxide instead of oxygen, following which she became unconscious and slipped into a coma.
She was shifted to Government Rajaji Hospital in Madurai and later to Christian Medical College Hospital in Vellore for treatment. Unfortunately, she died on May 4, 2012. Based on the complaint lodged by the hospital’s Medical Superintendent an FIR was registered.
The investigation was completed and a report was filed against 12 persons for offences under the IPC, read with the Gas Cylinder Rules and the Indian Medical Council Act.
It was an unfortunate case where the woman suffered physically and mentally for a period of 411 days in various hospitals and later died. She died due to negligence. The High Court had earlier directed the State government to pay a compensation of ₹28.37 lakh to the family, the court observed.
On careful reading of the statements of witnesses and materials collected by the police, it became quite clear that there was a blame game between the gas suppliers and the hospital. There was prima facie material to show that the gas suppliers were filling gas without a proper licence and the hospital was engaging their services. Both must be held liable. On whose part the negligence lay was a matter to be decided in the course of trial, the court observed.
The court dismissed the petitions filed by the accused who sought quashing of the proceedings pending in on the file of the Additional Sessions Judge in Nagercoil and directed that the trial be conducted on a day-to-day basis.
Published - February 11, 2025 08:28 pm IST
