P. D. Joseph vs State Of Kerala & Ors.

Soumen Sen, C. J.

Heard Mr. P. D. Joseph, party-in-person, and Mr. V. Tekchand, learned Senior Government Pleader.

The amputation of the hand of a nine-year-old girl has resulted in the filing of this public interest litigation.

The 1^st respondent has filed an affidavit from which it appears that there are prima facie materials suggesting medical malpractice in the treatment administered to the patient. It is stated that two Doctors involved in the matter were placed under suspension on 05.10.2025. One of the Doctors, Dr. Sarfaraz, had filed O.A. (Ekm) No. 1549 of 2025 before the Kerala Administrative Tribunal. By order dated 31.10.2025, the Tribunal quashed the Government Order suspending the Doctor from service and ordered his reinstatement. We are given to understand that the Government proposes to prefer an appeal against the said order.

It further appears that an expert panel was constituted, which submitted a report to the Government. After receipt of the said report, the Government decided to refer the matter to the Apex Committee constituted by the Government based on the decision of the Hon’ble Supreme Court in Jacob Mathew v. State of Punjab^{11.(2005) 6 SCC 1}. The Apex Committee at the State level consists of the following members:

The Government has issued a communication dated 13.02.2026 to the Director of Health Services to initiate further proceedings for forwarding the matter to the Apex Committee. It is further stated that the Government has provided immediate financial assistance of ₹2,00,000/- from the Chief Minister’s Distress Relief Fund for further treatment and for providing a prosthetic hand.

We direct the Government to ensure that the child is provided with all necessary medical assistance free of cost and free education up to the age of 21 years. The Government shall also ensure that the disability suffered by the child does not stand in the way of her securing employment in the future, as we are of the view that she is a victim of serious medical negligence in a Government hospital.

The petitioner has submitted that there exists an SOP, namely ‘Standard Operating Procedure for the treatment of fracture injuries, especially in cases involving children, in Government hospitals’. The Government is directed to ensure strict implementation of the said SOP. If no such SOP is presently in force, the Government shall formulate an appropriate SOP for the aforesaid purpose, bearing in mind that children are our national assets.

Insofar as Ext. P4 is concerned, the learned Senior Government Pleader submitted that, upon verification with the authorities concerned, he has been informed that the said complaint has not been received.

We direct the 3^rd respondent to consider Ext. P4 and communicate the decision to the petitioner. In the event the complaint is found to be correct, appropriate action in accordance with law shall be initiated against the Doctors/persons responsible.

The petition is accordingly disposed of.

Exhibit P1 A TRUE COPY OF THE CASUALTY RECORD OF THE VICTIM GIRL VINODINI HAVE OP TOKEN NO. 207 OF DISTRICT HOSPITAL, PALAKKAD

Exhibit P2 A TRUE COPY OF THE X RAY REPORT DATED 24/9/2025 OF THE MINOR CHILD VINODINI ISSUED BY THE DISTRICT HOSPITAL, PALAKKAD

Exhibit P3 A TRUE COPY OF THE SCAN REPORT DATED 30/9/2025 OF THE MINOR CHILD VINODINI ISSUED BY THE DISTRICT HOSPITAL, PALAKKAD

Exhibit P4 A TRUE COPY OF THE COMPLAINT DATED 27/01/2026 SUBMITTED BY THE PETITIONER BEFORE THE VIGILANCE DIRECTOR, THIRUVANANTHAPURAM