Negligence led to muscle damage: Private Hospital slapped Rs 8 lakh compensation

In this case, the child was taken to Atlas Health Point in Sonarpur after he suffered a fracture in his hand. An orthopaedic surgeon applied a synthetic cast using local anaesthesia. The procedure was conducted at 7.30 pm but then suddenly the child complained of feeling severe pain. The child could not sleep at night and continued to cry out loud. However, when complications arose, two resident medical officers tried multiple times to contact the orthopaedic surgeon throughout the night but in vain.

"The child remained without proper treatment for approximately 24 hours. It was not until around 4:45 pm the next day that the orthopaedic surgeon finally attended to the boy. By the time the cast was removed, the damage was already severe. The muscles were significantly damaged, nearing the stage of gangrene," Banerjee observed.

Following the delayed treatment, the boy was transferred to Apollo Hospitals in Chennai for an operation. Although his condition has improved, he still experiences numbness in his fingers and continues to undergo physiotherapy. An expert reviewed the case and concluded that the boy should have been managed conservatively instead of using the synthetic cast, the bench noted.

"The critical factor was the 24-hour delay in treatment. When the child kept on crying at night if the doctor had removed the plaster, the situation might have not gotten so out of hand." Banerjee emphasized. 

He also noted that the hospital staff applied a compress but failed to remove the cast despite the boy's inconsolable crying. "If they couldn't reach the treating orthopaedic surgeon, they should have sought another orthopaedic specialist." 

The hospital has been ordered to pay ₹5 lakh for the negligence and an additional ₹3 lakh to cover travel expenses incurred by the family for the boy's treatment in Chennai.