Newborn's skin peels after being dipped in hot water: Consumer Court holds medical negligence, slaps Rs 10 lakh compensation

Dharwad: Holding a Hubballi-based private hospital and its doctors guilty of medical negligence while taking care of a newborn baby, the District Consumer Disputes Redressal Commission, Dharwad has directed them to pay Rs 10 lakh as compensation to the victim's family.

It was alleged by the complainants that the newborn suffered severe burns as the attendant dipped the baby in hot water while giving a sponge bath. 

"OP No.1 to 4 are jointly and severally held liable to answer the claim of complainant and they have been directed to pay Rs.10,00,000/- (Ten lakh only) as damages by way of compensation to the victim child of the complainant within one month from the date of this judgment," ordered the consumer court.

The matter goes back to 2019 when the complainant's wife got admitted at the treating hospital for delivery and gave birth to a female child. Allegedly, the baby was healthy, after delivery. However, before the discharge, the attendant took the child for a sponge bath and while doing so, she dipped the child in hot water. Reacting to this, the baby cried and passed motion. Therefore, the baby suffered severe burn injuries on the lower part of the body and the attendant started rubbing the child where the skin was burnt.

Allegedly, the attendant panicked and without any thought peeled the burnt skin of the child and due to such peeling flesh was visible over the buttock and other surrounding area where the hot water touched the child.

The complainants admitted the baby for treatment at the same hospital and the treating doctors suggested that the baby could have epidermolysis bullosa (EB), a rare condition that makes skin fragile and causes blisters on it easily. Consequently, the child remained in treatment at the hospital for 3-4 days and the treating doctor advised the complainant for Genetic Tests on the child at centre for human genetics at Bengaluru.

However, the parents were not convinced by the opinion. Therefore, after getting discharged from the hospital, they admitted the baby to SDM College of Medical Sciences and Hospital in Dharwad.

It was submitted by the complainant that the child remained under treatment at SDM Hospital for around 7 days and by the time of discharge, the burn was already healing. They further submitted that they spent a lot of money on the treatment of the child. On the other hand, the incident caused immense physical and mental agony to the family. 

Further, the complainant argued that the doctors gave the wrong opinion saying that the child had EB. This resulted in more pain, fear and mental agony for the family members.

On the other hand, the doctors and the hospital denied the allegations of negligence. They submitted that the staff brought lukewarm water and washed the baby and during the process, the skin of the baby got discolored and started peeling. Consequently, the dermatologists opined that the peeling of the skin could be due to EB. To confirm the same, the doctor advised the baby's skin biopsy.

While considering the matter, the consumer court perused the medical literature related to EB and noted that it was an incurable disease but could be managed by proper treatment. 

Further going through the medical history, the commission noted that the child was alright after birth and it was only before discharge when the child started having the problem when the attendant dipped the baby's buttock in hot water to clean the motion. 

Perusing the discharge summary of the SDM Hospital, the consumer court noted, "In the entire medical records of SDM hospital the issue of E.B. was not raised by the treated doctors." The Commission further observed that the discharge summary and other records showed that after such treatment for burn injuries the child was alright and the parents had no grievance of re-occurrence of such problem in the child.

The child, who is now 4+ years of age, was present before the Commission, which noted movements and scars noticeable on the victim child. Therefore, the Commission opined that E.B. was not the problem with the victim child since the skin peeling problem started only when the child was immersed by the Attendant in hot water.

"...we have personally saw the victim child as a healthy Baby without any symptoms of either peeling of skin or other skin related problem like EB. Where as in case of EB the affected person has to undergo trauma throughout the life. But it is not the situation in the case of victim child," noted the consumer court.

Therefore, the Commission termed it as a "classic example of medical negligence".

"On the basis of the discussion made... we are of the opinion that it is a classic example of medical negligence of Aayya,. Inspite of such glairing negligence and mistake committed by Aayya OP No.1 to 4 being in charge of treatment and administration of oP No.1 city clinic ought to have consoled the complainant, his wife who are the parents of the victim child by giving proper treatment to the burn injuries. Instead of doing so they have tried to colour it as E.B. which is a stigma to the victim child and made the parents of the child to suffer mentally, physically and financially," opined the Commission.

Therefore, the Commission directed the hospital, its two administrators and the wife of one of the administrators to pay Rs 10 lakh as compensation. "Out of it by way of indemnification, OP No..9 insurance company shall pay Rs.7,50,000/-(Seven lakh fifty thousand only) towards their @75% of the liability and they have to deposit the same within one month from the date of this judgment. Remaining @25% i.e. at Rs.2,50,000/-(Two lakh fifty thousand only) shall be paid by the OP No.1 to 4 within one month from the date of this judgment," it ordered.

To view the judgment, click on the link below:

https://medicaldialogues.in/pdf_upload/dharwad-district-commission-232944.pdf

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