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District Consumer Commission Awards ₹50 Lakh Compensation To Infant Following Negligent Circumcision In Malappuram
In a landmark verdict addressing , the , has ordered a hospital and its doctor to pay ₹50 lakh in compensation to an infant who suffered life-altering injuries following a botched circumcision procedure. The bench, led by President Sri. Mohandasan K. and members Smt. Preethi Sivaraman C. and Sri. Mohamed Ismayil C.V., held the hospital and the attending physician for .
A Routine Procedure Turns Into A Medical Nightmare
On , the complainant took her 23-day-old son to in Malappuram for a circumcision procedure. What was intended as a routine operation resulted in catastrophic consequences. The child reportedly suffered severe infection, tissue necrosis, and burn injuries, leading to the near-total loss of the penis and permanent genital deformity. Following the initial procedure, the child required multiple emergency interventions, including a vesicostomy to divert urine flow, at various specialized medical centers, including the and in Thrissur.
Conflict Of Arguments
The complainant alleged that the hospital lacked necessary basic infrastructure and antiseptic protocols, and that the doctor involved was inexperienced. She further raised concerns regarding the improper use of monopolar diathermy—a technique later flagged by expert reports as notoriously hazardous for neonatal circumcision.
Conversely, the defense argued that the procedure was performed following standard medical protocols. They attributed the complications to the parents' alleged non-compliance with post-operative medication and failure to follow-up, a claim the Commission flatly rejected, finding no evidence to support the allegation that the parents had failed to administer the prescribed treatments.
Expert Findings And The Weight Of Evidence
The case pivoted on the findings of an expert inquiry team constituted by the District Medical Officer. The report (Exhibit A11) documented deplorable conditions at the hospital: a failure to maintain sterilization standards, rusting autoclave equipment, and a lack of proper patient care protocols.
"Monopolar diathermy is notorious for causing penile necrosis, gangrene and burn injuries when used in circumcision procedures, particularly in neonates and young infants."
The Commission observed that the use of monopolar cautery, coupled with an unhygienic operating environment, constituted a fundamental breach of the .
The Court’s Ruling
The Commission underscored that the absence of a criminal conviction—often invoked by hospitals to escape —does not act as a shield against consumer claims. Under the , civil negligence is judged by the "," a lower but distinct threshold from the criminal "" standard.
The final order mandates: * ₹25,00,000 as compensation for permanent physical deformity, psychological suffering, and loss of life amenities. * ₹25,00,000 specifically designated for the child’s future medical requirements, acknowledging the need for extensive reconstructive surgeries. * ₹25,000 towards legal costs, payable by the hospital and the doctor within 30 days.
This decision serves as a significant deterrent, reinforcing that medical institutions must adhere to stringent safety protocols or face substantial liability for any deviations that result in permanent harm to patients, especially minors.
