The Kerala State Consumer Disputes Redressal Commission has issued a verdict against a Pathanamthitta-based private hospital and two gynecologists, ordering them to pay a compensation of Rs 50 lakh to a child and his parents for medical negligence. The total compensation, including interest for the eight years since the complaint was filed, amounts to over Rs 82 lakh.
The incident dates back to January 10, 2015, when a first-time mother underwent a caesarean at St Luke Hospital (New Life Fertility Centre), Pathanamthitta, resulting in the birth of a child without hip and lower limbs, which was unexpected by the parents.
Despite ultrasound scans conducted in 2014, specifically on September 8, November 12, and December 27, just before the caesarean, which showed no abnormalities, the child was born with these severe deformities. The hospital defended itself, claiming that the scans were carried out diligently and that ultrasound results are not always 100% accurate due to various factors.
However, both the hospital’s expert witness and the parents’ expert witness, the head of the Department of Radiodiagnosis at Government Medical College Thiruvananthapuram, noted that anomalies could have been conclusively detected in an “anomaly scan” during the 18th week of gestation, which the hospital did not perform.
The Commission also questioned the competence of gynecologists to conduct radiological examinations and pointed out inconsistencies in the hospital’s arguments regarding amniotic fluid levels and scan quality.
The Commission’s verdict awarded Rs 30 lakh to the child, to be deposited in a nationalized bank in his name, with the interest benefiting his needs. Additionally, Rs 20 lakh was allocated to the parents to compensate for the ongoing trauma they will endure. The total compensation of Rs 50 lakh, with an 8% annual interest rate since March 17, 2015, must be paid, resulting in a total of over Rs 82 lakh.
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