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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
J.M. Malik, Presiding Member, Dr. S.M. Kantikar, Member
Dr. (Mrs.) Indu Sharma —Complainant
versus
Indraprastha Apollo Hospital & Ors. —Opp. Parties
Consumer Case No. 104 of 2002
Decided on 22.4.2015
For the Complainant:Mr. Madhukar Pandey, Advocate with Mr. Sanjeev K. Verma, Ms. Anirudha Mishra, Ms. M. Malika Chaudhary, Advocates
For the Opp. Party No.1:Dr. Lalit Bhasin, Advocate with Mr. Ravi Gopal, Advocate
For the Opp. Party No.3:Mr. K. G. Sharma, Advocate
For the Opp. Party No.4:Dr. Sushil Kumar Gupta, Advocate
IMPORTANT POINT
Corporate hospitals and Specialists must perform at a higher level than other hospitals/ general practitioners.
Headnote:Consumer Protection Act, 1986—Section 12—Medical services—Medical negligence—Maternity—Death of baby due to Cerebral Palsy—Obstetricians and nurses must carefully monitor a baby during labour and delivery in order to make sure that baby is getting enough oxygen and is not in foetal distress—It was case of not managing dosage of Syntocinon carefully—OP gave Syntocinon to maximum of 66 units which certainly will induce excessive uterine contractions and foetal distress—It cannot be contended that baby was born with pre-existing neurological disability in absence of any signs of foetal hypoxia or birth asphyxia—It was duty of Obstetrician to counsel patient properly about progression of labour for every 2 hours—There was long labour process brought about by poor and negligent medical management caused birth of asphyxiated child with cerebral palsy and seizures/ fits—There is no convincing evidence in form USG reports that baby had Microcephaly/ congenital brain defect which was cause of baby’s condition—Delaying delivery of a baby who is in distress can cause permanent brain damage due to a prolonged lack of oxygen rich blood in baby’s brain—Corporate hospitals and Specialists must perform at a higher level than other hospitals/ general practitioners—Compensation in medical negligence cases has to be just and adequate that medical professionals need to be accountable to a certain degree—OPs indulged in unethical medical practices and professional misconduct like tampering of medical records to maximum extent—Total compensation of Rs. One Crore and punitive costs of Rs.10 Lakhs awarded. (Paras 19, 20, 23, 27, 33,
35, 44, 49, 50, 52, 63, 69 and 70)
Result: Complaint allowed.
Dr. S. M. Kantikar, Member—“The most important and emotional event in the life of a couple is the birth of a child and it’s always a joyous occasion in the family when a newborn arrives. Most parents have a niggling fear that the nine months of pregnancy is comparable to walking through a minefield. Things can go wrong at any time. They only breathe a sigh of relief when they’ve counted all ten toes and fingers of their newborn. It’s no wonder they feel that way because it can be the most devastating thing if your baby is born with a birth defect”.
COMPLAINT:
J.M. Malik, Presiding Member, Dr. S.M. Kantikar, Member—The complainant, Dr. Indu Sharma, B.A.M.S., (herein referred as “patient”) during her first pregnancy, was under observation and follow-up of Dr. Sohni Verma, opposite party (OP-3) at Indraprastha Apollo Hospital, the OP-1. Previously, she took treatment from OP-3, for infertility, thereafter, spontaneously, she got conceived, after 4½ years. On 10.6.1999, after midnight, due to rupture of membranes, she got admitted in OP-1 hospital for her delivery. No senior doctor was available at that time, the resident doctor examined her. In the morning, at around 7.00 a.m., Dr. Sohini Verma (OP-3) examined her and advised her medicines, started IV fluid with 1 ampule of Syntocinon (herein referred as “Oxytocin”) for speeding up the process of delivery. But, the patient noticed that the dose was maximum, and the CTG machine showed that the heart rate of the child began to sink (80/min.), during the midnight of 11/12-6-1999. None attended the patient, immediately. Thereafter, the patient was shifted to operation theatre at 2.00 a.m. for emergency caesarean (LSCS), and at 3.36 a.m. a female baby (named “Nistha”) was delivered by LSCS, weighing 3.7 kg. The baby did not cry immediately, after birth and it took almost five minutes. Therefore, it was alleged that, baby suffered birth asphyxia and seizures. The baby was kept on ventilator in NICU. The OP assured that all the reports were normal. The condition of baby deteriorated further, till 29.6.1999. The baby was unable to suck milk. Meanwhile, the patient was discharged on 16.6.1999, while the baby was discharged from OP-1, on 30.6.1999. The OP-1 did not issue entire medical record, CTG graphs etc. The complainant paid approximately 2.5 lakhs towards hospitalisation.
2. After 2 ½ months, from 23.08.1999, the baby, Nistha, was admitted to Holy Family Hospital, for loose motions and strong clonic seizures from 23.8.1999. After doing EEG and C.T. Scan, it was revealed that the baby was severally affected by the atrophy of brain, which may lead to severally mental retardation. The complainant observed that her baby, at age of 1 year 8 months, the milestones were delayed, and the episodes of seizures persisted. Baby was unable to hold her neck and unable to suck milk. Therefore, the complainant had to appoint a special nurse for her care. Further, from 21.09.1999 to 03.12.2002, the child was treated at AIIMS, where, the Paediatric Neurologist, Dr. Veena Kalra, opined that, a full term baby having such problems were because of the negligence during the delivery. The complainant alleged that OP-3 failed to perform LSCS within, 12 to 18 hours after rupture of membrane. It was abnormally delayed for about 27 hours. The OP-3 advised excessive dose of Syntocinon, which caused foetal distress and cerebral anoxia- palsy. The child was further investigated by CT scan and x-ray reports, but the OP declared reports as normal. In this regard, the complainant sought opinion of doctors in USA and from her brother, who is a paediatric surgeon, in USA. The opinion was that severe atrophy of baby’s brain cortex due to birth asphyxia and the child might remain severally mentally retarded for as long as she lives. The Disability Board of AIIMS, New Delhi certified the baby as ‘95% disability’. Nishtha survived for 12 years with disabilities and with mental retardation. Unfortunately, baby Nistha died
