Infant born without hand, leg: Gynaecologist, Sonologist slapped with Rs 10 lakh Compensation

Jagatsinghpur: The District Consumer Court Redressal Forum, Odisha has directed a hospital and its gynaecologist as well as its sonologist to pay a compensation of Rs 10 lakhs for allegedly providing a couple with poorly analyzed ultrasound reports which resulted in the birth of a physically-challenged male child.

The case goes back to the year 2021 when a patient- first-time pregnant was under the care of  Dr Himanshu Sarangi gynecologist at the C.H.C. Patakura.  The doctor advised the patient to get regular checkups and ultrasounds done for safe monitoring of the pregnancy. The patient thereafter went to L&P Hospital for her timely ultrasounds where she got her three ultrasounds done and all three ultrasound reports were seen as normal which showed that there was no complication in the patient's pregnancy and the child in her womb was absolutely healthy without any kind of deformity. As per the advice given by doctors, the patient took her regular medicines and got admitted in Cure Well Hospital on 11th September, 2021 to give birth to her child.

After giving birth to the child it came to knowledge that though the patient had got done her ultrasound thrice which showed everything was normal and also accepted by the Doctor but her baby born suffered from disability and was physically handicapped child having no right hand (Papuli)

Upon birth, as per program of the National Health Mission under the Health and Family Welfare Department government of Odisha, the baby was shifted for new born screening report before the District Early Intervention Centre, with the doctors noting that if the disability was at all detected at an early stage in ultrasound report the placenta could have been removed considering the disability on the face of ultrasound report.

" Thereafter, the husband of the patient went to the L&P Hospital to discuss about the wrong analyzed ultrasound reports but the hospital did not give any satisfactory answer and threatened the patient's husband for dire consequence," the patient alleged in his plea before the forum

The patient and her husband lodged a complaint at the Tirtol police station against the hospital after the birth of their child on September 11, 2021. However, when the local police did not take any action, they sought help of a social activist who guided them to move to the consumer forum with their complaint.

The patient through her complaint alleged that she had paid the fees time to time to get her ultrasounds done and expected to get a correct report particularly regarding the physical deformity, but there were no signs of physical deformity in the report and hence, the patient gave birth to a physically challenged child without right palm and left leg. The patient stated that if she were informed about the deformity earlier, she could have aborted her child. The ultrasound reports were seen as normal and were undersigned by the sinologist and opposite party Dr. Pratap Singh Kesari and remarked as –

"Real time obstetric sonography reveals- Single life intrauterine pregnancy, Adequate amount of amniotic fluid present, Fetal body and limb movements appear normal, Norrmal cardiac activity is seen, Placenta is fundopost in location-with grade 1 maturity, Impression- A Single live fetus with vertex Presentation is seen."

A notice was served to the hospital on 15.11.2021 which was returned unserved on being refused by the hospital and thus the Commission vide order dt.10.10.2021 set ex-parte to both the opposite parties running the L&P Hospital.

After going through the details og the case, The District consumer Forum said

"We apprehend that the clinic of opposite parties might not have the required standard machine and also license to conduct Ultra Sound test having sufficient knowledge on sonography and which is on the face of record. It is crystal clear that the opposite parties have given wrong reports, so we do not want to linger the matter. Otherwise, if we would have iota of doubt about the Ultra Sound report then we would have sent the matter to medical board for their expert opinion."

After hearing the plea of the aggrieved patient, the District Consumer Court Redressal Forum (DCDRF) directed the hospital to pay a compensation of Rs 10 lakhs within 45 days from the date of order in the form of a fixed deposit for the future of the child in any nationalized bank of the locality which would be renewed automatically and will be paid to the child after turning 26 years old, failing to which, an interest of 8% per annum would be added to the amount of compensation.

"The amount shall be kept in fixed deposit in the name of child and the complainant will be the custodian of amount. The amount will be deposited in any nationalized bank of the locality. The fixed deposit amount will have auto renewal from time to time and it will be paid to the child only on attending the age of 26 years."

"The opposite parties are directed to deposit the amount within a period of 45 days from the date of receipt of order, failing which the opposite parties shall pay interest @ 8% per annum on Rs.10,00,000/- (Rupees Ten lakhs)."

The court also directed the L&P Hospital to pay a cost Rs 50 thousand for the mental agony caused to the patient and Rs 4 thousand as the cost of litigation.

"We also award cost of Rs.50,000/- to be paid to the complainant for her mental agony and also award cost of Rs.4,000/- towards cost of litigation. The amount of Rs.50,000/- shall be paid to complainant and not to be depot in fixed deposit. With the aforesaid observation and direction, the consumer complaint is disposed of."

To read the full judgment, click below:

http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=3%2F352%2FCC%2F181%2F2021&dtofhearing=2022-09-22