In an order dated June 6, the national commission said that the doctor’s hospital did not obtain “informed consent” for surgery, and the baby suffered injuries on his scalp and perichondritis of the ears, evidenced by the discharge summary of the second hospital wherein the baby boy was admitted for further treatment.
New Delhi: The National Consumer Disputes Redressal Commission upheld a state consumer commission order holding a doctor responsible for medical negligence while reducing the compensation for mental agony to Rs 10 lakh, according to an official order.
The commission comprising presiding member Bijoy Kumar and member Justice Saroj Yadav, was hearing the appeal filed by Dr P Yashodhara challenging the March 2019 order of the Andhra Pradesh State Consumer Disputes Redressal Commission awarding ₹30 lakh as compensation to the complainant for mental agony, along with other costs, after holding the doctor guilty of medical negligence.
The complainant, K Sreelatha, alleged that because of the doctor’s negligence during a forceps delivery performed on April 17, 2011, the baby suffered serious crush injuries to the scalp and his right ear pinna was also crushed and detached.
Sreelatha further alleged that due to these injuries, the baby sustained brain damage and had become mentally disabled.
In an order dated June 6, the national commission said that the doctor’s hospital did not obtain “informed consent” for surgery, and the baby suffered injuries on his scalp and perichondritis of the ears, evidenced by the discharge summary of the second hospital wherein the baby boy was admitted for further treatment.
The commission, however, said that it was difficult to correlate the injuries suffered on the scalp with the subsequent “mental retardation” suffered by the boy as no evidence for it was submitted.
“The state commission has gone into detail and given a well-reasoned order, and we find no illegality in holding the appellant doctor responsible for the injury caused to the scalp of the baby, which had necessitated further treatment in another hospital. Thus, medical negligence is established,” it added.
The commission also said that the compensation of ₹30 lakh awarded for suffering mental agony appeared to be on the higher side, and the state commission did not provide any finding on how the amount was arrived at.
It said, “There is a stay of around one and a half months in Chennai for the treatment in the second hospital. For this period, the amount of ₹10 lakh as compensation would be in order considering the quantum of injury and the gravity of negligence in using forceps.”
The commission also directed payment of ₹72,530 for the treatment expenses and ₹50,000 for litigation costs.