Institute of Medicine & Law

Delayed treatment – A case for punishment

Delayed treatment - A case for punishment

Delay in providing treatment without any justified cause is medical negligence and not appreciated by courts. This case is an apt example of the fact.

Baby Isaiah, a two-year old toddler, was taken to the hospital at 8:30 PM with complaints of fever and vomiting. For unknown reasons, the paediatrician attended to the little one at 11:30 PM. By then, Isaiah’s condition had deteriorated and was shifted to ICU and put on ventilator.

The little boy could not survive; he succumbed to terminal cardiorespiratory arrest due to septic shock and dehydration.

The parents sued the paediatrician and made one pointed allegation – the doctor delayed in providing treatment to Isaiah.

Having perused medical records along with an expert committee’s report, the Commission agreed with the parents. It was observed that valuable and crucial time was wasted in attending to the patient, who should’ve been attended at the time of admission itself. Not only that, there were no records of clinical examinations and findings!

The paediatrician and hospital were held negligent for these serious lapses, and were ordered to pay ten lakh rupees.

Source: Order pronounced by Maharashtra State Consumer Disputes Redressal Commission on 18th June, 2020.

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