A child was born with Spina Bifida and hydrocephalus, despite a routine Level I USG showing no early abnormalities. The parents sued the gynaecologist and radiologist, but the Consumer Court dismissed the case, holding that doctors following standard protocols are not liable for undetected late-onset foetal conditions.
Irrefutable Facts
During antenatal care, a pregnant patient underwent routine Level I ultrasound examinations performed by a radiologist. The mid-trimester scan at 19 weeks showed normal foetal development.
At 27 weeks, a routine scan detected a mildly prominent ventricular system in the foetal brain. The gynaecologist referred the patient to senior specialists for a Level II scan, but the patient did not follow the recommendation and opted to deliver at the local facility.
The child was born with Spina Bifida Aperta and hydrocephalus and subsequently required transfer to a higher paediatric neurology centre.
The Dispute
The patient alleged that the radiologist failed to detect hydrocephalus early and that the gynaecologist failed to order a targeted Level II anomaly scan within 24 weeks.
In defence, the radiologist noted that Level I scans assess only basic foetal measurements and have technical limitations in penetrating bone and tissue. Furthermore, hydrocephalus often presents late.
The gynaecologist maintained that standard national guidelines recommend Level II scans only when routine scans raise suspicion or high-risk maternal factors exist, none of which were present. Once ventriculomegaly was suspected, the team promptly made appropriate referrals.
Court’s View
The Consumer Court ruled in favour of the doctors, finding no evidence of negligence.
The Court observed that the technical limitations of Level I imaging and the natural course of late-onset ventriculomegaly precluded earlier detection. Because standard mid-trimester guidelines were followed and prompt referrals were documented whenever there was suspicion, the Court found no negligence.
Prevention is Better Than Cure
Meticulously record every specialist referral and every advanced test advised, and explicitly document any patient refusal or delay in the medical records.
Ensure diagnostic reports include clear disclaimers about the inherent technical limitations of the investigations.
