A 17-year-long battle of mother Anitha Raghavan who delivered a baby boy with Trevor's disease ended as the State Consumer Disputes Redressal Commission (SCDRC) ordered Malappuram-based Edappal Hospital on medical negligence to pay compensation of ₹50 lakh to complainant Anitha.
In Feb 2006, Anitha and her husband reached Edappal Hospital for expert treatment because Anitha had lost her two babies who had been born with Down syndrome and they had died within a few days after birth. Anitha had one last chance to conceive because she delivered her previous two babies by C-section so, the third attempt would be the last in C-section cases.
Dr. Mukundan G Menon, a consultant in Feto Maternal Medicine at CIMAR Genetics, Edappal Hospital at Malappuram's Edappal, suggested that Anitha and her husband undergo a 'chromosome analysis' which showed normal reports. The reports were normal so, Anitha conceived and vigorously analyzed the fetus's health from time to time. As per Edappal Hospital's report, the ultrasound scan indicated normal fetal growth and an expected delivery date of 6 May 2007.
The Edappal Hospital claimed during a court proceeding that they directed Anitha to undergo a fetal biometry scan and anomaly scan, she followed only the biometry scan as she wanted to know the fetal Down syndrome status. The doctor and hospital informed Anitha of the importance of an anomaly scan between 18 to 22 weeks to detect structural abnormalities but she did not undergo the anomaly scan. Anitha again visited the hospital and doctors showed that the biometry scan was normal.
Anitha underwent scans during the tenth, sixteenth, and twenty-first weeks of pregnancy. All of the reports were reported normal. On 9 February 2007, a 'chromosomal analysis' of the fetus was performed and it indicated no abnormalities. Disastrously, on 13 April 2007, Anitha delivered a baby boy with Trevor's Disease. Anitha was shattered and her hope of having a healthy child was devasted due to the recklessness of Edappal Hospital.
The hospital had promised financial compensation to Anitha if her child survived for more than a year, but they failed to complete their promise. On 5 May 2008, Anitha tried to connect with the hospital and discuss the matter, but she didn't get any response. Finally, in 2009 she filed a case in the Consumer Commission against the hospital.
On 18 November 2009, the State Consumer Court constituted a Medical Board to analyze the medical records of Anitha and her child. The board checked the reports. The board had observed that the child was born with significant deformities such as the right forearm was absent with only a rudimentary nodule over the right stump, the left forearm was missing, and the right leg was short with a rudimentary foot. Despite having deformities, the child's growth and mental development were otherwise normal.
The Consumer Commission accepted the Medical Board's opinion and added "The Committee observed that these anomalies should have been detected during the ultrasound scan conducted at sixteen and twenty-two weeks since gestation. The significant limb anomalies like the absence of forearm and legs should have been detected during the ultrasound scans if Dr. Mukundan G. Menon had exercised reasonable skill; especially since the liquor volume was normal."
The Commission observed Anitha's and her child's condition and concluded that the complainant Anitha had been unable to pursue employment due to the constant need to care for her severely disabled child. The complications of handling a child with severe loco-motor disability, which was estimated at ninety percent, were emphasized. The Commission also highlighted the substantial and increasing need for assistance, even with basic tasks, along with the implication that providing adequate care and education would be costly.
The case was closed, and based on the Medical Board's findings, the Commission ordered the Edappal Hospital and doctor to pay ₹40 lakh in compensation and an additional ₹50,000 for the litigation cost to the complainant.
(Input from various sources)
(Rehash/Tabsum Amjad Baig/MSM)
