Hospital asked to pay Rs35 lakh to couple for medical negligence

Tribune News Service

Ludhiana, May 23

The State Consumer Disputes Redressal Commission has directed Handa Hospital to pay Rs 35 lakh along with interest at the rate of 8 per cent per annum from the date of filing of the complaint till realisation, as compensation to a city-based couple, Pulkit Kapoor and Karan Kapoor, for medical negligence.

The couple had filed a complaint regarding the death of a newborn child due to medical negligence and deficiency in service on the part of the hospital.

Commission president Justice Paramjeet Singh Dhaliwal and members Rajinder Kumar Goyal and Kiran Sibal directed the hospital to pay the awarded amount and if any amount remains deficient, the same will be paid by Dr Pratibah Handa, for causing mental agony, harassment, avoidable pain and suffering to the litigants.

The commission also ordered to pay Rs 33,000 as litigation expenses to the aggrieved.

“The hospital was completely dependent on observations and diagnosis of the nurses. The result was evident as the doctor was completely unaware of the progress of labour. The infant, still inside the womb, had passed and swallowed the meconium (stool). The meconium was thick and old. It clogged the infant’s lungs and blocked the airway and caused hypoxia at birth. This resulted in the death of infant later within one day of his birth, after being referred to tertiary care centre,” said Bhavnik Mehta, counsel for the complainant.

The forum also made clear that the liability of The Oriental Insurance Company Ltd will be only to the extent of the sum insured under the insurance policy which has been issued by it in favour of Dr Handa.  The forum directed that the compliance of the order shall be made by Handa Hospital, Dr Pratibah Handa and The Oriental Insurance Company Limited within a period of 30 days of the receipt of certified copy of the order.