A pregnant lady, due to deliver was taken to the hospital. She delivered a boy after few of admission. Unfortunately, the newborn suffered from Meconium Aspiration Syndrome (MAS).
Both, the newborn and mother, were referred to another hospital for better management. The child could not be saved – he died shortly after being admitted to the second hospital.
The parents were devastated by the loss. They sued both hospitals and claimed that doctors from neither hospital provided proper care to the newborn.
Doctor from the first hospital stated that MAS is a relatively known complication. Every possible treatment was rendered, but the newborn had to be referred to another hospital for lifesaving measures.
The Commission did not accept this defence, as it observed that:
“The hospital has stated that the doctor had noticed thick meconium in hind water and also nasal sepia was done. But there is no explanation regarding the procedure adopted after delivery with respect to MAS. The hospital has failed to explain that at the time of delivery whether a paediatrician was present or not. It is a mandate that paediatrician must be present at the time of delivery. Medical literature produced by parents clearly goes to show that MAS can be cured if proper care and treatment is provided”.
“It is a clear case of negligence on part of the hospital in discharging the baby and mother as soon as the birth took place. We are of the opinion that instead of discharging the baby and mother, the hospital could have called a paediatrician for further treatment and procedure”.
Not following a legally mandatory protocol was the hospital’s fault in this case. It was held negligent and ordered to pay ten lakh rupees in compensation. The second hospital was absolved of any wrongdoing.
Source : Order pronounced by Karnataka State Consumer Disputes Redressal Commission on 2nd August, 2023.