NCDRC Holds Doctor Liable For Medical Negligence But Reduces Compensation From Rs. 30 lakhs to Rs. 10 lakhs

The National Consumer Disputes Redressal Commission (NCDRC) bench comprising Binoy Kumar, Presiding Member and Saroj Yadav, Member has held a doctor liable for medical negligence for causing scalp injuries to a new born child at the time of delivery. The bench upheld the order of the state commission and granted a compensation of Rs. 10 lakhs for medical negligence. Brief facts: The complainant was admitted to a hospital at Nellore in her advanced stage of pregnancy on 16.04.2011. On 17.04.2011, the complainant gave birth to a male child through forceps delivery. During the delivery, the baby suffered serious crush injuries and necrosis. The right ear pinna was also crushed and detached as a result of which the baby sustained brain damage and became mentally disabled. The child was then taken to CHILDS Trust hospital ('second hospital') in Chennai for further treatment wherein the doctors confirmed that the injuries were caused due to negligence during the delivery. Medical certificates and reports were also issued to support the statements. A legal notice dated 29.07.2011 was then issued by the complainant to the doctor who performed the delivery seeking an explanation but did not get any satisfactory reply. Hence, aggrieved by the acts of the doctor, the complainant filed a complaint before the State Commission, Andhra Pradesh. The State Commission allowed the complaint by holding the doctor liable for medical negligence and granted a compensation of Rs. 32,72,000/- to the complainant. The doctor then filed an appeal against the order of the State Commission before the NCDRC. Submissions of the Complainant: The complainant submitted that despite her request for a cesarean delivery, the doctor insisted on a forceps delivery. It was submitted that the consent of the complainant for forceps delivery was taken in an improper manner without informing her of the risks of the surgery involved. The complainant submitted that she incurred approximately Rs. 4,00,000 towards medical expenses and produced bills for the same. The complainant further submitted that as per the discharge summary, she was admitted with obstructed labor which makes forceps delivery unsafe and requires emergency caesarean surgery. Submissions of the Doctor: The doctor denied the allegations of medical negligence and also denied that the baby suffered any brain injury due to delivery conducted by her. She submitted that the reports generated by the CHILDS Trust Hospital were vague. She further claimed that the consent of the complainant was obtained voluntarily for forceps delivery and the baby was healthy at the time of delivery. She asserted that the discharge summary from CHILDS Trust hospital indicated complications like subgaleal haemorrhage and necrotizing fasciitis, which were secondary complications arising during treatment and not due to the delivery. Observations of the Commission: The bench relied upon the discharge summary certificate issued by the CHILDS Trust hospital which records that the child was delivered normally through forceps delivery. It was observed that the consent taken by the complainant was not an informed consent as it appeared to be vague on a pre-printed form which is used in a routine manner. The bench further observed that there is an injury on the scalp and perichondritis of the ears which has been confirmed by the discharge summary of the second hospital. Thus, the order of the State Commission holding the doctor liable for medical negligence was upheld by the NCDRC. The amount of medical expenses of Rs. 72,350/- as granted by the State Commission based on the bills produced by the complainant was also upheld by the bench. However, the other compensation of Rs. 30,00,000 granted by the State Commission for mental agony was found to be on a higher side by the bench. Considering that the complainant had to stay for around 1.5 months in Chennai for treatment at the second hospital, and also considering the injury caused, a compensation of Rs. 10,00,000 was found to be just. Hence, the order of State Commission with respect to grant of compensation was modified as follows: Rs. 72,530/- for treatment expensesRs. 10,00,000 as compensation for medical negligence and mental agonyRs. 50,000 towards litigation costs Case Title: Dr. P Yashodhara vs K. Sreelatha Case Number: First Appeal 628 of 2019 Date of Decision: 06.06.2025Click Here To Read/Download Order

NCDRC Holds Doctor Liable For Medical Negligence But Reduces Compensation From Rs. 30 lakhs to Rs. 10 lakhs

Aakanksha Bajoria

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