E-Paper
Infant’s death: Dispute redressal commission asks Ludhiana hospital to pay ₹35 lakh
Compensation granted on account of sudden loss of newly born child because of sheer medical negligence as well as the resultant loss of love and affection of the child, mental agony, harassment, and avoidable pain and suffering caused to the complainants
Holding a city-based private hospital guilty of gross medical negligence following the death of an infant, a day after its birth in 2016, the State Consumer Disputes Redressal Commission has directed the hospital and insurance company to jointly pay ₹35 lakh as compensation.
In addition to the compensation, Handa Hospital, Civil Lines, where Dr Pratibha Handa, was the gynaecologist on duty and Dr Pradeep Handa, the paediatrician, will have to pay ₹33,000 as litigation expenses to the complainant, Pulkit Kapoor, and her husband Karan Kapoor on account of “sudden loss of newly born child because of sheer medical negligence as well as the resultant loss of love and affection of the child, mental agony, harassment, and avoidable pain and suffering caused to the complainants.”
While pronouncing the judgment, justice Paramjit Singh Dhaliwal, president, State Consumer Disputes Redressal Commission observed that during each visit between November 27 to July 26, 2016, the complainants were informed that the mother and baby were fine, without any complications and there would be hassle free normal delivery.
Initially, the expected date of delivery was July 26, 2016 but the same was later changed to August 3, without explaining the reason. Caesarean section delivery was neither required nor suggested.
What happened?
“After complainant developed labour pains on July 26, 2016, she was taken to Handa Hospital at 2pm. However, despite repeated requests, she was examined by Dr Pratibha only at 4.30pm. She was told to tolerate the pain and her pulse rate, blood pressure, or foetal heart rate were not monitored. She was also not allowed to meet her husband,” Bhavnik Mehta, the complainants’ counsel said.
“It was only at 10.20pm, over six hours after first check up that Dr Pratibha came to attend the complainant. After a cursory examination, she noticed that the baby had passed meconium (stool). She informed complainant that the baby was in distress, due to which emergency caesarean operation would have to be performed. Thereafter, she went away, without addressing the concerns of the complainants and did not show any professionalism, sensitivity and empathy,” said the order.
The caesarean section was performed and the baby was delivered at 11.04 pm.
The complainant requested the paediatrician to arrange an ambulance from DMC Hospital, but Dr Pradeep took the baby in his private car. The mother was not allowed to accompany the baby. Dr Pradeep told her that he had put a breathing tube in the baby’s throat and that he would send his ward boy.
There was no other equipment in the car. The baby had turned blue (cyanosed), was cold and was breathing occasionally by the time he reached DMC Hospital. The doctors at DMC Hospital said the baby was critically ill, because of lack of oxygen in his system and it had caused irreparable damage to the brain system.
In all, ₹1,25,000 was spent on treatment of the child but it was declared dead at 9.30pm on July 27, 2016.
The order
Although, the loss suffered by the complainants due to deficiency in service and medical negligence cannot be compensated in terms of money, yet in view of the totality of facts and circumstances of the case, we award lump sum compensation of ₹35 lakh to the complainants along with interest at the rate of 8% per annum from the date of filing of the complaint till realisation, the order said.
