Kathmandu, July 28: The Supreme Court (SC) has issued an order mandating Kanti Children’s Hospital in Kathmandu to provide Rs 3 million in compensation to a child in a medical malpractice case.

The verdict, delivered by a bench of Justice Hari Prasad Phuyal and Tilak Prasad Shrestha on February 8, 2023, was made public today, ruling in favor of the victim and awarding the compensation amount.The incident involved an 8-month-old infant who was admitted to Kanti Children’s Hospital on July 6, 2016, for emergency treatment due to respiratory-related complications. The child’s father, Dhruba Kumar, filed a complaint with the Kathmandu District Administration Office, asserting that his child’s health deteriorated after a hospital doctor mistakenly administered the meningitis malaria vaccine, which was meant for another child, Shambhu BK.

The full text of the verdict stated, “Based on the evidence, it has been confirmed that the 8-month-old infant, Alok Baral’s health, was adversely affected due to medical negligence.” The court also considered the medical report prepared by Dr. Ayushma Regmi on behalf of the Kathmandu Public Health Office, which confirmed the symptoms experienced by the infant were side effects of the meningitis malaria vaccine. These symptoms included difficulty in respiration, leaking of stool, and urine.

Further, the verdict emphasized, “The symptoms observed in the child were akin to the side effects of the meningitis malaria vaccine. The Hospital’s gross negligence in administering the wrong medicine in an overdose could have resulted in the loss of the 8-month-old’s life and is likely to have lifelong physical and mental effects on the child.” Consequently, the Court held the Hospital indirectly liable to pay compensation to the victim child.

After filing a complaint with the District Administration Office, the infant’s father pursued legal action in the High Court and eventually the Supreme Court, seeking due compensation for the hospital’s negligence towards his child’s health.