Couple awarded compensation 6 years after newborn death

The forum also directed the hospital to refund Rs. 2.59 lakh, which the couple had to pay towards expenses.

Ms. Rashmi approached Dr. Venkataraman for the delivery of her second child in January 2009, and the doctor found her suitable for VBAL as she had given birth to her first child through caesarean-section in 2004. The doctor, an expert in difficult deliveries, promised Ms. Rashmi that she would personally handle her delivery.

The due date was February 26, 2009, but the delivery did not happen. An ultrasound scan, done on March 3, 2009, showed that the “foetus was health, fully developed and weighed 4,072 grams.”

However, Ms. Rashmi began experiencing uterine contraction in the early hours of March 4, 2009, and was admitted to Fortis Hospital as per the doctor’s prior advice.

It was alleged that Dr. Venkataraman visited her in the hospital only for a brief period at around 7.15 a.m. that day. Later, Dr. Ramakrishna handled the case, and Dr. Venkataraman returned to the hospital after the baby was removed through caesarean-section.

Several medical complications, including an indication of foetal asphyxia and uterine rupture, cropped up and Ms. Rashmi was in pain from 7.15 a.m. to 1.50 p.m. The baby was removed through caesarean-section only at around 2.33 p.m. due to delays in decision making and failure to keep the operation theatre on standby.

It was alleged that though the baby did not cry or breathe after the removal, the limp body was kept in ICU on ventilator, and removed on March 16. All the allegations were denied by the hospital.