Chennai hospital, doctor told to pay Rs 10 L for medical negligence during delivery

CHENNAI: A doctor and a city hospital were directed to jointly pay Rs 10 lakh by the Chennai North District Consumer Disputes Redressal Commission, as compensation to a woman whose child, during delivery, suffered medical complications from the negligence of both parties.

Complainants Shanthi and Senthil Kumar are residents of Kodungaiyur. Shanthi's prenatal care and diagnosis were provided by Dr Thilagavathy and RS Hospital in the same locality in March 2020.

In her final trimester, she was informed her vitals were normal. When she underwent labour pain, she was admitted to RS Hospital, where it was allegedly short-staffed and no duty doctors were available.

The couple alleged that the doctor arrived late, and there were lapses in getting an oxygen cylinder at the labour ward. Two more male doctors arrived later, and Senthil was informed that a girl had been born but was found unconscious. It was further informed that during the delivery, the umbilical cord got tangled around the fetus's neck, leading to her head getting stuck and complicating the procedure.

It took a turn for the worse as the newborn was in critical condition, suffering seizures and haemorrhage in the brain. Following this, the doctors advised the couple to shift the baby to a private hospital in Chetpet for special treatment for hypothermia. The baby was shifted and admitted to the NICU ward, and Shanthi was discharged from the RS hospital later.

The newborn underwent treatment for 15 days at the private hospital, where the doctors informed Shanthi that her child's condition could be ascertained only as she grew up. They also informed the couple that the turn of events was caused by the negligence of RS Hospital and Dr Thilagavathy during the delivery period. The couple had spent Rs 2.87 lakh on the treatment, and unfortunately, the baby passed away in November 2023.

The couple brought the case to the Chennai North District Consumer Disputes Redressal Commission, and a deficiency in medical services was found. The doctor and hospital are jointly liable to pay a sum of Rs 10 lakh towards compensation for deficiency in medical service, monetary loss, including the medical expenses incurred, mental agony, pain and suffering, and loss. They were also told to pay a sum of Rs 5,000 towards litigation costs within two months from the date of this order.

IN PRECEDENCE

In the case of LaxmanBalkrishna Joshi (Dr) v/s Dr TrimbakBapuGodbole, reported in AIR 1969 SC 12, the Supreme Court had held that:

"The duties which a doctor owes to his patient are clear. A person who holds himself out ready to give medical advice and treatment implicitly undertakes that he is possessed of skill and knowledge for the purpose. Such a person, when consulted by a patient, owes him certain duties, i.e, a duty of care in deciding whether to undertake the case, a duty of care in deciding what treatment to give or a duty of care in the administration of that treatment. A breach of any of those duties gives a right of action for negligence to the patient. The practitioner must bring to their task a reasonable degree of skill and knowledge and must exercise a reasonable degree of care.