The State Human Rights Commission (SHRC) has ordered the government to make legislation, if required, to ensure that children who are born with disabilities either because of medical negligence or any deficiencies in care in the hospital are provided proper medical treatment.
Ignoring such children as the responsibility of the parents alone constituted gross human right violation, the SHRC has said.
The government should examine if any amendments or additions are required in the current legal clauses which provide for compensation to such children, it said.
The SHRC gave the order in a case wherein a newborn, born at a private hospital at Edappal in Malappuram district, was diagnosed with cerebral palsy, allegedly following medical negligence.
The government should immediately provide relief measures to the family of the infant and make arrangements for further treatment of the infant, the SHRC ruled.
The Health, Social Justice, and SC/ST Departments and the District Collector should fulfil their responsibilities, the order said.
The medical board could not determine the reason why the infant developed cerebral palsy.
The complainant, however, said that she had gone on all antenatal visits to the hospital correctly and at no point did the doctor mention the possibility of the infant developing any congenital disabilities.
The Director of Health Services should also decide whether the conclusions of the medical board should be placed for further scrutiny, in case the complainant demands so, the SHRC ruled.