The National Consumer Disputes Redressal Commission (NCDRC) has upheld the Andhra Pradesh State Consumer Commission’s ruling holding a doctor guilty of medical negligence during a forceps-assisted delivery that caused severe injuries to a newborn. However, the national commission reduced the compensation awarded to the complainant from ₹30 lakh to ₹10 lakh, citing lack of evidence linking the injuries to the child’s alleged mental disability.
The NCDRC bench comprising Presiding Member Bijoy Kumar and Member Justice Saroj Yadav passed the order on June 6 while disposing of an appeal filed by Dr. P. Yashodhara, who had challenged the State Commission’s March 2019 decision.
The case arose from a complaint filed by K. Sreelatha, who alleged that her baby suffered serious crush injuries on the scalp and a detached right ear pinna during a forceps delivery conducted on April 17, 2011. She further claimed that the injuries led to brain damage and mental disability in the child.
While noting that the doctor’s hospital had failed to obtain “informed consent” for the procedure, the NCDRC relied on the discharge summary from the second hospital where the baby was admitted, which confirmed scalp injuries and perichondritis of the ears. The Commission observed:
“The state commission has gone into detail and given a well-reasoned order, and we find no illegality in holding the appellant doctor responsible for the injury caused to the scalp of the baby, which had necessitated further treatment in another hospital. Thus, medical negligence is established.”
However, the Commission found no substantive evidence to correlate the scalp injuries with the child’s alleged mental retardation. It stated that the ₹30 lakh compensation originally awarded for “mental agony” lacked justification as the State Commission had not provided any reasoning behind the quantum.
“There is a stay of around one and a half months in Chennai for the treatment in the second hospital. For this period, the amount of ₹10 lakh as compensation would be in order considering the quantum of injury and the gravity of negligence in using forceps,” the Commission observed.
In addition to ₹10 lakh compensation for mental agony, the NCDRC directed the doctor to pay ₹72,530 for treatment costs and ₹50,000 towards litigation expenses.
