Negligence in baby’s delivery: Hospital, doctor to pay Rs 1 crore

PTI
NEW DELHI, April 26

A leading hospital here and its gynaecologist have been directed by the apex consumer commission to pay Rs 1 crore compensation to a couple, whose baby suffered mental disability due to the “negligence” of the doctor at the time of delivery more than 15 years ago.
The child, who underwent treatment for her ailment at several hospitals, had died at the age of 12 years, the National Consumer Disputes Redressal Commission (NCDRC) noted in its order while also imposing punitive costs of Rs 10 lakh on Indraprastha Apollo Hospital. Of the one crore compensation, awarded to the doctor couple, Rs 80 lakh has to be paid by the hospital and the remaining Rs 20 lakh by Dr Sohini Verma, the gynaecologist, the NCDRC ordered while observing it was a “peculiar case” in which the “mother lost her precious child, whereas the child lost all its existence since birth”.
“The insurance company shall indemnify the respective opposite parties (hospital and doctor), as per law,” it said. The bench, presided by Justice J M Malik, said that the hospital and its doctor indulged in “unethical medical practices and professional misconduct like tampering of medical records to the maximum extent”.
“On bare perusal, it is apparent that, records are tampered at the extents which show erasing marks, pin holes. There are some handwritten insertions, over writings and discrepancies in the doctor’s and sister’s chart,” it said. The bench said it was important for the doctors and hospitals to properly maintain records of patients as “it will help the doctor to prove that the treatment was carried out properly”.
The NCDRC also observed that the “corporate hospitals” and specialists, were expected to “perform at a higher level than other hospitals/ general practitioners” and they need to be “accountable to a certain degree”.
According to the complaint filed by the child’s mother, Dr Indu Sharma, she was admitted to Apollo hospital in Sarita Vihar here for her delivery on June 10, 1999 but due to non availability of a senior doctor, a resident doctor attended to her. The resident doctor did not mention the risk factors and did not inform his seniors, she had said, adding that on the next day Dr Verma had examined her and gave her a very high dose of Syntocinon to speed up delivery process due to which the heart rate of the child began to sink by midnight. She had alleged the doctor abnormally delayed performing the cesarean for about 27 hours and the excessive dose of Syntocinon caused foetal distress and cerebral anoxia-palsy. She further alleged that the hospital and doctors assured her that all the reports were normal but the condition of the baby deteriorated.
The child was referred to several private and government hospitals, including AIIMS, before she died at the age of 12 years, the mother had said.