Amritsar: The District Consumer Disputes Redressal Commission, Amritsar recently directed a city-based private hospital and its doctor to pay Rs 45 lakh compensation and Rs 1 Lakh legal cost to a man for alleged medical negligence while providing treatment to his newborn child.
After being born prematurely, the child was admitted to the hospital as he was suffering from a low oxygen level. However, during treatment, gangrene formed in his right hand leading to the amputation of the hand at PGI Chandigarh.
The history of the case goes back to 2020 when the complainant’s son was born. At the time of birth, his oxygen level was very low and accordingly, the newborn was admitted to the treating hospital on 22.08.2020.
As per the complainant, during the medical treatment of the newborn, the treating doctors put the wrong drip on his right hand due to which his hand became blue. Consequently, the child’s right arm became damaged due to impending gangrene and alleged wrongful treatment provided by the treating hospital and doctors.
It was alleged that after being admitted to the hospital for some days, the newborn was arbitrarily discharged. Following this, he was admitted to PGI Chandigarh, where after proper diagnosis, his right hand was amputated by the treating doctors of PGI Chandigarh in order to save his life.
Alleging medical negligence on the part of the treating doctor and hospital, the complainant sought Rs 45 lacs compensation, and Rs 2 lacs as litigation expenses.
On the other hand, the doctor and hospital argued that the complainant did not explain how they were negligent in providing treatment to the minor child. According to them, no medical expert was examined to prove that they were negligent in the treatment provided to the complainant’s son.
As per the doctor and hospital, the child was put on ventilator support and oxygen for altogether 15 days and showed improvement and started digesting feeds. However, since the child was pre-term with very low immunity, he developed sepsis for which he was being given the required antibiotics. On the 20th day of admission, the child’s condition suddenly deteriorated and the attendants were informed and advised to take the baby to a centre for further investigations and treatment of the hand. Accordingly, the treating doctor talked to the Paediatric Intensivist at Fortis Hospital for immediate care of the child, but the attendants acted negligently and refused to take the child to Fortis Hospital and insisted on continuing the treatment from the treating hospital only. Again, the attendants were suggested to take the baby to Fortis or PGI Chandigarh or any other higher institute of their choice, they submitted.
It was submitted that the child was initially taken to another hospital, where no proper facilities were available and was taken to PGI Chandigarh only after a delay of a few days.
Delay in getting the appropriate treatment to prevent the loss of hand was due to sheer negligence of parents and other family members who did not take their baby directly to Fortis Hospital or PGI as per medical advice given by them, argued the treating doctor and hospital.
While considering the matter, the District Consumer Court took note of the report by the Asstt. Civil Surgeon, Amritsar dated 09.07.2021, which stated, “In conclusion the medical board has given its opinion that the aforesaid complication was caused due to inadvertently and Dr. *** has promised that when the child grown up he will get arrangement of artificial limb/hand.”
Referring to this report, the Commission observed, “So a bare reading of the report given by Medical board, it stands proved that the opposite parties No.1 & 2 ( the hospital and the doctor) have admitted their fault and only given explanation that the whole episode done due to inadvertently. So all amounts to negligence which has been analysed in Halsbury’s Laws of England (4th Edition) Volume 34…”
“So far as medical negligence is concerned it was the duty of the medical professionalists to take due care while treating the patient much less the patient is of a tender age. It is admitted that patient was referred to them as it was a premature delivery of the child and this child was required utmost care which as per allegations of the complainant the opposite parties have failed to provide to the minor son of the complainant. Heavy onus is upon the hospital when it alleges that they are not negligent to give treatment to the son of the complainant and to prove that they have discharged their duty with due care,” it further noted.
Relying on the legal precedence set by the Supreme Court regarding issues concerning medical negligence, the District Consumer Court Amritsar held the treating hospital and doctor guilty of negligence in providing treatment to the complainant’s son.
In respect to the amount of compensation, the Commission held that the compensation demanded by the Complainant i.e. Rs 45 lacs was “very very less than the mental agony whatsoever the complainant and his family suffered at the hands of the opposite parties and the minor son of the complainant become handicapped due to the negligence of the opposite parties and his present as well as future life is also affected due to the act of the opposite parties.”
Accordingly, the Commission ordered, “Hence, the opposite parties No.1 & 2 are directed to pay compensation of Rs. 45 lacs and Rs. 1,00,000/- as litigation expenses to the complainant. It is also ordered that since the welfare of the child is involved in the present case and keeping in view the peculiar circumstances of the case, the entire amount of Rs. 45 lacs as compensation and Rs. 1,00,000/- as litigation expenses which is to be given to the complainant being the guardian of the minor child and he will convert the same into the FDR in the name of the minor son of the complainant till he attains age of 21 years.”
To view the order, click on the link below:
