The District Consumer Disputes Redressal Commission, Amritsar, has directed a private hospital and its doctor to pay ₹45 lakh as compensation and ₹1 lakh in legal expenses for medical negligence. The case involves alleged improper treatment provided to a premature newborn, leading to the amputation of his right hand.

The incident dates back to August 22, 2020, when the complainant’s child was admitted to the hospital due to low oxygen levels after birth. According to the complainant, the hospital staff inserted the wrong drip into the newborn’s right hand, which turned blue as a result. Despite ongoing treatment, the child’s condition worsened, and gangrene developed in his hand. After being discharged, the child was transferred to PGI Chandigarh, where his right hand had to be amputated to save his life.

The complainant accused the hospital and doctor of negligence and sought ₹45 lakh in compensation, along with ₹2 lakh to cover legal expenses. However, the hospital and doctor denied any wrongdoing, claiming that they had provided appropriate care, including ventilator support and antibiotics, for 15 days. They argued that the newborn’s deteriorating health was caused by sepsis, a complication common among premature babies with low immunity. They also maintained that the child’s family ignored medical advice to transfer him to a specialized hospital like Fortis or PGI Chandigarh, which contributed to the delay in treatment.

The hospital stated that efforts had been made to transfer the newborn to Fortis Hospital for further care, but the family refused. Instead, they insisted on continuing treatment at the original hospital. The child was eventually taken to another facility, but due to a further delay, he was not admitted to PGI Chandigarh in time to prevent the loss of his hand.

In reviewing the case, the District Consumer Commission relied on the findings of a report by the Assistant Civil Surgeon, Amritsar. The report concluded that the complication was caused by inadvertent actions during treatment. The treating doctor had also assured that efforts would be made to arrange a prosthetic limb for the child when he grows older.

The Commission held the hospital and doctor responsible for medical negligence, noting that the compensation sought by the complainant was significantly lower than what would be appropriate given the mental anguish suffered by the family and the lifelong impact on the child. Therefore, the Commission ordered the payment of ₹45 lakh in compensation and ₹1 lakh in litigation expenses.

To ensure the child’s welfare, the Commission mandated that the compensation amount be converted into a fixed deposit (FDR) in the child’s name until he reaches the age of 21.

Official order: https://pdf_upload/amritsar-dcdrc-256428.pdf

(Input From Various Sources)

(Rehash/Ankur Deka/MSM)