The District Consumer Disputes Redressal Commission in Amritsar recently directed a private hospital and a doctor to compensate a man with Rs 45 lakh for medical negligence in treating his newborn son, who lost his right hand due to gangrene. Additionally, the hospital and doctor were ordered to pay Rs 1 lakh to cover legal expenses. The case stemmed from the treatment provided to the complainant's premature baby, who was admitted to the hospital with low oxygen levels shortly after birth.
The baby, born in August 2020, was initially treated at the private hospital in Amritsar. According to the complainant, doctors applied a faulty drip on the child's right hand, leading to discoloration and eventual gangrene. The child was later discharged from the hospital and admitted to PGI Chandigarh, where doctors determined that his right hand had to be amputated to save his life.
The medical board has given its opinion that the aforesaid complication was caused due to inadvertently.
Assistant Civil Surgeon of Amritsar
The father of the child alleged medical negligence on the part of the hospital and doctor, claiming that wrongful treatment had resulted in the amputation. He sought Rs 45 lakh in compensation, along with Rs 2 lakh for litigation costs. In response, the hospital and doctor denied any negligence, arguing that no medical expert had testified against them to prove their fault in the treatment provided.
According to the hospital’s defense, the baby had been on ventilator support for 15 days, during which time his condition improved, and he began tolerating feeds. However, the baby developed sepsis due to his premature birth and low immunity. The hospital claimed that they had administered the necessary antibiotics and other treatments. On the 20th day, when the child’s condition suddenly worsened, the hospital advised the family to transfer him to a higher medical facility like Fortis Hospital or PGI Chandigarh for specialized care.
Despite repeated recommendations to transfer the baby to a better-equipped hospital, the family insisted on continuing treatment at the original hospital. The hospital further stated that the child was initially taken to another facility with inadequate resources before being transferred to PGI Chandigarh after a delay of several days. The delay, according to the hospital, resulted from the family’s negligence in following medical advice, which contributed to the eventual loss of the child’s hand.
The court, however, rejected these claims. During the proceedings, a report from the Assistant Civil Surgeon of Amritsar, dated July 9, 2021, was presented. The medical board’s report concluded that the complication leading to the amputation was the result of inadvertent medical treatment at the private hospital. The court highlighted that the hospital and doctor had admitted their mistake, referring to the surgeon's statement that he would arrange for an artificial limb when the child grew older.
In its ruling, the District Consumer Commission found the hospital and doctor guilty of medical negligence, stating that their explanation of "inadvertently" causing the complication amounted to an admission of fault. The court cited legal precedents, including Halsbury’s Laws of England, to underline that negligence had indeed occurred during the child’s treatment.
The minor son of the complainant became handicapped due to the negligence of the opposite parties.
District Consumer Commission
Furthermore, the court noted that the compensation amount requested by the complainant, Rs 45 lakh, was "very very less" considering the emotional distress suffered by the child and his family. The court emphasized that the child had become permanently handicapped, and his future life had been significantly impacted by the hospital and doctor’s negligence. Therefore, the court ruled in favor of the complainant and awarded the compensation as requested, along with an additional Rs 1 lakh to cover legal costs.
The Commission concluded its decision by ensuring that the welfare of the child remained the primary concern. The entire compensation amount of Rs 45 lakh, along with the Rs 1 lakh for legal expenses, was to be given to the complainant, who would manage the funds as the child’s legal guardian.
This ruling reinforces the accountability of healthcare providers in cases of medical negligence and stresses the importance of following proper medical protocols to ensure patient safety.
(Input from various sources)
(Rehash/Yash Kamble/MSM)
