Negligence to Neonate costed Rs.15 lakhs to Doctors but Insurance Cover saved them


Facts :
Allegations on behalf of the Complainant :

1. A month old Baby, Shivanshu, suffering from high grade fever and seizures when admitted in the Hospital was diagnosed the case of ‘septicemia’. After other investigations, the Baby was shifted to Neo-Nursery, where IV drips were given, a bandage was put on and around the hand.
2. In one night, the Mother noticed that the fingers and the right arm of child turned blue. The nurses were informed, but no Doctor turned up for a whole day and on next day, Drs told the Mother, not to worry and further advised to apply 3-4 times turmeric boiled in hot water and patient was discharged,
3. Thereafter, the Baby was taken to other Hospitals, lastly at PGI, Chandigarh and was advised amputation up to wrist of right hand, but due to 21 days strike of Drs, the patient could not take treatment. Thereafter the Baby was operated at Govt. hospital, Rishikesh and at Dehradun.
4. As the baby became permanently disabled, the complaint for Rs.22,19,320/- was filed, but the State Commission partly allowed the complaint by directing all the Drs and Hospital to pay Rs.6,17,320/. Hence the Appeal for Enhancement of Compensation.

Negligence to Neonate costed Rs.15 lakhs to Doctors but Insurance Cover saved them

Defense :
1. Drs. Denied all the allegations of Negligence. It was argued that, the complainant has not challenged the line of treatment but, challenged the procedural aspects.
2. No record of previous illness was produced by the patient. etc.

Held :
1.After perusing the Medical Record and literature and Law, the National Commission enhanced the Compensation to Rs.15 lakhs.
2. the discharge summary was held to be a vaguely prepared document.
3.The PGI Chandigarh’s medical record and The Doppler study confirmed about “No blood flow in the palmar arch and digital arteries and Negligence Committed by the Drs.
4. As the Baby became permanently disabled for his life, the Commission decided to enhance the Compensation.
5. As the Drs and Hospital got Insurance Cover, they were saved from paying the amount of Compensation.

I think job of pediatricians and Drs. treating babies and children must be pretty tense and involves duty of extra care and precaution. No doubt, in this case Insurance Cover might have saved Drs from paying Compensation amount, but that cannot always save you fully. So as far as possible, care and attention and proper documentation is to be maintained.

Negligence to Neonate costed Rs.15 lakhs to Doctors but Insurance Cover saved them

An article by Adv. Rohit Erande, Pune.

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.