Consumer court admits medical negligence complaint against 2 Kolkata paediatricians in infant death case

Now, the deceased child's father has filed a consumer complaint before the District Consumer Disputes Redressal Commission (DCDRC), Kolkata III (South), which has admitted the complaint and directed issuing notice to the doctors.

"It is stated that the complainant’s 3 months’ old infant son *** developed high fever on the night of 31st December 2023 and despite repeated telephonic consultation over nearly 18 hours without any physical examination, the OP No.1 discouraged the complainant from taking the child to the Hospital and subsequently when the child was rushed to hospital no emergency protocol was followed there. It is also stated that death certificate was issued by one of the Doctor in personal letterhead," the Commission noted in its order dated 15.01.2026.

"Going through the materials before us we are of the opinion that there are materials for admitting the complaint. Fix 11/2/2026 for S.R., appearance and for filing written version. Complainant is directed to take step for serving notice upon the O.P." it ordered.

Case Background: 

As per the complaint, the child born on September 29, 2023, at Neotia Bhagirathi Woman and Child Care Centre, passed away on January 1, 2024, at the age of 3 months and 3 days. The complaint stated that after birth, the child was growing well with no medical complications or health problems. He was healthy and received his vaccinations at Neotia on time from the treating pediatrician. It was also submitted that during his short life, the child was treated and examined entirely for all matters, be it for vaccinations or otherwise, exclusively at Neotia by the treating pediatrician.

On December 31, 2023, the child developed a high fever, and the pediatrician was contacted immediately. The child's mother was advised to give oral "Sumol" drops at regular intervals. The child was advised to be given a maximum of 14 Sumol drops after the mother informed the doctor that the weight of the child had increased to around 5 kg 600 gms. However, the child's condition did not improve, and he was getting more restless. 

Worried over this, the child's mother repeatedly contacted the paediatrician and asked whether the child should be taken to the hospital and examined there. It was alleged that the pediatrician categorically told the child's mother that there was no need to take the child to a hospital and also added that there was no point taking the child to the hospital as nothing would be done there.

Meanwhile, another doctor was also contacted, who also allegedly asked not to take the child to the hospital and advised increasing the Sumol drops from 14 to 18. The first paediatrician also approved this.

Thereafter, after administering 18 drops of the medicine, the child started getting cold and motionless. Ultimately, when he was taken to the hospital, the second doctor, after examining him, informed that the child had died.

The next hearing of the case is fixed for 11 February 2026. 

"Going through the materials before us we are of the opinion that there are materials for admitting the complaint. Fix 11/2/2026 for S.R., appearance and for filing written version. Complainant is directed to take step for serving notice upon the O.P," the order read.

To view the consumer court order, click on the link below:

https://medicaldialogues.in/pdf_upload/dcdrc-kolkata-south-323415.pdf

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