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The National Consumer Disputes Redressal Commission (NCDRC) has ordered a Nellore-based obstetrician and gynaecologist to pay Rs 10 lakh compensation for medical negligence after a newborn suffered severe scalp crush injuries and a detached ear pinna during a forceps-assisted delivery in 2011. The commission also directed the doctor to pay an additional Rs 72,530 for treatment expenses and Rs 50,000 for litigation costs.
The case originated from a complaint by the mother, who alleged that her child sustained serious injuries, including brain damage and mental disability, as a result of improper handling during delivery. The patient had requested a caesarean section due to the baby’s weight (3.6 kg as per ultrasound), but the doctor proceeded with a forceps delivery. The mother further claimed that her consent was obtained on a vague, pre-printed form without specific mention of the forceps procedure or its risks.
Following the delivery, the child was transferred to Childs Trust Hospital in Chennai for further treatment, incurring expenses of approximately Rs 4 lakh. Medical reports from the hospital confirmed that the injuries were caused by improper handling and negligence during the forceps delivery.
The doctor denied all allegations, asserting that there was no evidence directly linking the delivery to the child’s mental disability and denying knowledge of the subsequent hospitalization in Chennai. The NCDRC, while acknowledging the lack of evidence connecting the injuries to the child’s mental disability, found the doctor responsible for the scalp and ear injuries, as confirmed by hospital records and uncontradicted by the doctor.
The commission emphasized that although the choice of delivery method rests with the treating gynaecologist, the injuries sustained and the lack of informed consent established medical negligence. The compensation was reduced from the Rs 30 lakh initially awarded by the Andhra Pradesh State Consumer Disputes Redressal Commission, as the link between the injuries and the child’s mental disability could not be substantiated.
“The fact remains that the baby had to be taken to another hospital in Chennai for further treatment. There is an injury on the scalp and perichondritis of the ears which has been confirmed by the discharge summary of the second hospital which has not been contradicted by the Appellant… Thus, medical negligence is established,” the commission stated.
Disclaimer:
This article is based on publicly available information and legal proceedings as reported by Medical Dialogues. The findings and compensation amounts are subject to further appeal or review. The medical and legal opinions cited herein are those of the respective authorities and do not constitute medical advice.
