Kerala State Consumer Disputes Redressal Commission has ordered a private hospital in Pathanamthitta to pay a compensation of nearly ₹80 lakh for medical negligence that led to the birth of a child with deformities.
Considering a case pertaining to the birth of the child on January 10, 2015 without lower limbs and hip, a commission bench comprising judicial member Ajith Kumar D. and member Radhakrishnan K.R. found St. Luke Hospital (New Life Fertility Centre), Pathanamthitta and its gynaecologists to be negligent in rendering treatment to the mother.
The hospital was ordered to pay a compensation of ₹50 lakh, out of which ₹30 lakh must be deposited in the name of the minor child, now aged seven, in a bank account till he attains majority, while the remaining sum will have to be paid to the parents. The compensation must be paid along with interest at the rate of 8% per annum from the date of filing the complaint (March 17, 2015). Additionally, the hospital management should also pay the complainants a sum of ₹10,000 as costs of the litigation.
A failure to pay the entire amount awarded as compensation within 30 days would require the hospital to pay interest at the rate of 9% per annum till the date of actual payment, the commission ruled.
The complaints, who were represented by advocate C.S. Rajmohan, contended the hospital had not “properly” conducted the anomaly scan, which is generally done during the fourth or fifth month. The scan, had it been done as stipulated, would have detected any abnormality including congenital diseases to the foetus.
However, the hospital, which had conducted several ultrasound scans since the woman had commenced treatment after 10 weeks into pregnancy, maintained the baby was healthy.
Dismissing the allegations, the hospital maintained the non-detection of the congenital anomaly of bilateral lower limb deficiency on scanning cannot be due to any fault or failure on its part since the ultra sound is “not a perfect depiction of the foetus and the scan result cannot be relied as 100% conclusive”.
The commission also relied on the opinion of the Head of the Department of Radio Diagnosis in Thiruvananthapuram Government Medical College Hospital, who stated that abnormalities can be assessed in the anomaly scan that has been conducted in the 18th week of gestation. Disabilities, if any, could be ascertained only at this stage, the doctor pointed out.
