Chennai: Doctor, hospital fined Rs 33.75L for negligence causing baby’s injuries

CHENNAI: The Chennai North District Consumer Disputes Redressal Commission has directed a doctor and a city hospital to pay Rs 33.75 lakh in compensation to a complainant, Dr U Pavithra, after finding them guilty of medical negligence that caused severe, permanent injuries to her newborn baby.

Pavithra, a dentist, underwent treatment for polycystic ovarian disease (PCOD) at Srinivas Priya Hospital in Perambur under Dr Rajapriya Ayyapan for over two years. She subsequently conceived through ovulation induction.

In March 2023, at 22 weeks and one-day gestation, an anomaly scan revealed a short cervix (22 mm) with a 9% risk of preterm delivery. The commission found that based solely on this scan, Dr Ayyapan immediately inserted a cervical pessary without obtaining Pavithra’s consent. Prerequisite tests like the Glucose Tolerance Test (GTT) and standard antenatal checks were also not conducted.

Doctors also failed to provide Pavithra time to take a decision about the procedure. She was discharged with assurances the pessary would safeguard the fetus.

Soon after, Pavithra experienced vaginal watery discharge with blood spotting and abdominal pain. Rushed back to the hospital, she was reportedly made to wait nearly two hours. While admitted for observation after infection was ruled out, critical bloodwork results were not shared with her.

Two days later, severe bleeding, stomach pain, and fever spiked. She was administered IV antibiotics and painkillers. Subsequently, she suffered intense stomach and lower back pain with intermittent bleeding. A duty doctor then prescribed medication contraindicated for pregnant women. Within an hour of taking it, Pavithra had severe fresh bleeding and intolerable pain.

Dr Ayyapan removed the pessary, relieving her pain, but then diagnosed it as labour pain. Pavithra was immediately shifted to the operation theatre. Crucially, the commission noted that neither Pavithra nor her husband were informed about the proposed preterm delivery or its potential complications.

Labour was induced via IV medication, resulting in a vaginal breech delivery. The male baby was born with a low heart rate, low birth weight, respiratory distress syndrome, and an extremely poor prognosis. Following advice from a doctor at a private hospital in Guindy, the baby was urgently transferred there.

Pavithra alleged that due to infection and delayed/negligent treatment, the baby developed digital gangrene in all five fingers of his right hand. The children’s hospital later informed her that auto-amputation was inevitable – a tragic outcome that has now occurred.

The commission, presided over by D Gopinath with members, V Ramamurthy and Kavitha Kannan, found Dr Rajapriya Ayyapan and Srinivas Priya Hospital guilty of gross medical negligence and severe deficiency in service. The case against the children’s hospital was dismissed.

Commission’s orders

· Dr Ayyapan and Srinivas Priya Hospital to jointly refund all medical expenses incurred by Pavithra – Rs Rs 23.65 lakh

· Both parties to jointly pay Rs 10 lakh as compensation for deficiency in service, mental agony, pain, and suffering

· Both parties to pay Rs 10,000 towards litigation costs

· Total compensation awarded stands at Rs.33.75 lakh