More than 15 years after delivery: NCDRC orders Rs 1 crore as compensation for medical negligence
The compensation and who is paying it?
- Indraprastha Apollo Hospitals, New Delhi and its gynaecologist Dr Sohini Verma has to pay Rs 80 lakh and Rs 20 lakh respectively.
- The court further imposed punitive cost of Rs 10 lakh on Indraprastha Apollo Hospitals (to be deposited in the Consumer Legal Aid Account, NCDRC) for indulging “in the unethical medical practices and professional misconduct like tampering of medical records”, not issuing entire medical record to the patient, and making “false submission” before the commission.
The NCDRC order
A two-member NCDRC bench, comprising of presiding member Justice J M Malik and member Dr S M Kantikar, said in its order dated April 22, 2015 observes,
“The corporate hospitals and specialists, as might be expected, must perform at a higher level than other hospitals / general practitioners. They, after all, represent themselves as possessing highest standard facilities and care; also possess superior skills and additional training. The hospital charges and the doctor’s fees normally reflect this”
The court further observed that the patient “unnecessarily suffered during prolonged labour”; there was administration of “excessive Syntocinon which caused birth asphyxia to the baby, who further suffered cerebral palsy and 95% disability”.
The court finally said,
“After going through several OBG and Paediatric text books, we are of considered view that, it was the case of excessive use of Syntocinon and delay in decision to perform C-section, which caused birth asphyxia to baby. In addition there is unflappable evidence that, the medical record of baby and mother are tampered in several places, noted interpolation, pinholes, overwriting the doses of Syntocinon.”
What happened 15 years ago according to the court records:
- Dr Indu Sharma (BAMS) during her first pregnancy, was under observation and follow-up of Dr Sohini Verma at Indraprastha Apollo Hospitals. Previously, she took treatment from Dr Verma for infertility, thereafter, spontaneously, she got conceived, after four and half years.
- On June 10, 1999, after midnight, due to rupture of membranes, she got admitted in Indraprastha Apollo Hospitals for her delivery. “No senior doctor was available at that time, the resident doctor examined her.” In the morning, at around 7 a. m., Dr Verma examined her and advised her medicines, started IV fluid with 1 ampule of Syntocinon (Oxytocin) for speeding up the process of delivery.
- But, the patient noticed that the dose was maximum, and the CTG machine showed that the heart rate of the child began to sink (80/min.), during the midnight of 11/12 June 1999. “None attended the patient, immediately.” Thereafter, the patient was shifted to operation theatre at 2 a.m. for emergency caesarean (LSCS), and at 3.36 a.m. a female baby was delivered by LSCS, weighing 3.7 kg.
- The baby did not cry immediately, after birth and it took almost five minutes. Therefore, it was alleged that, baby suffered birth asphyxia and seizures. The baby was kept on ventilator in NICU. The hospital/doctor assured that all the reports were normal.
- The condition of baby deteriorated further, till 29.6.1999. The baby was unable to suck milk. Meanwhile, the patient was discharged on 16.6.1999, while the baby was discharged from the hospital, on 30.6.1999. The hospital did not issue entire medical record, CTG graphs etc. The complainant paid approximately Rs 2.5 lakh towards hospitalisation.
- The child, who underwent treatment for multiple health problems at several hospitals, including AIIMS, died at the age of 12 years, on January 15, 2012.
The order begins with,
“The most important and emotional event in the life of a couple is the birth of a child and it’s always a joyous occasion in the family when a newborn arrives. Most parents have a niggling fear that the nine months of pregnancy is comparable to walking through a minefield. Things can go wrong at any time. They only breathe a sigh of relief when they’ve counted all ten toes and fingers of their newborn. It’s no wonder they feel that way because it can be the most devastating thing if your baby is born with a birth defect”.
Image used is for representational purpose only. Image credits: pixabay.com
