Panel orders doc, hosp to pay Rs 50 lakh as compensation

T'PURAM: State consumer disputes redressal commission has slapped a fine of Rs 50 lakh on a private hospital at Edappal in Malappuram after a couple filed a complaint that the institution failed to detect physical deformities of the foetus, leading to the birth of baby with severe physical deformities. The order was passed by a bench headed by commission president justice K Surendra Mohan on May 20, 2024.
The couple from Kasaragod consulted Dr Mukundan Menon at the private hospital after two of their babies were born with gross physical deformities and died soon after delivery.They approached the hospital, underwent prolonged treatment and check-ups to conceive a healthy baby utilizing better medical care.
Dr Menon advised them to undergo chromosome analysis and based on the result, the couple were told that they could have a healthy baby. After the woman got pregnant, she underwent medical tests at the hospital at regular intervals. After each test and scan, the doctor used to update the couple on the health of the foetus. They were told that the baby was healthy and had no deformities. However, the woman delivered a baby with severe physical deformities on April 13, 2007.
But the hospital argued that the woman hadn't undergone deformity tests and denied medical negligence. Abortion is not possible after 20 weeks of pregnancy, it said. A medical board constituted by the commission confirmed the laxity on the part of the doctor.
It ordered the hospital and the doctor to together pay Rs 40 lakh as compensation for the deficiency in service and negligence with an annual interest of 8% from Sept 13, 2009, the date of filing the complaint. They were also ordered to pay Rs 10 lakh with 8% interest to the complainant for their mental agony and suffering. Additionally, they were directed to pay Rs 50,000 as the cost of litigation to the complainant.