12-year-old with gastric perforation dies after alleged 15-hour delay in care, Consumer court issues notice in Rs 13 crore medical negligence case
Medical Negligence?
Kolkata: Filing a complaint before the District Consumer Disputes Redressal Commission (DCDRC), Kolkata South, the father of a 12-year-old child, who died after being left unattended for 15 hours while suffering from gastric perforation, has accused Woodlands Hospital, Kolkata, of medical negligence.
Admitting the complaint claiming Rs 13 crore as compensation, the District Consumer Court has issued notice against Woodlands Hospital, and also sought medical opinion from a medical board set up by the Superintendent of SSKM Hospital by 27.03.2026.
The concerned minor patient was suffering from acute pain in the abdomen and was taken by his father to the Emergency Department of Woodlands Hospital. However, allegedly, the patient was left unattended for 15 hours, except for being given some strong sedatives before an abdominal surgery the next day, when it was found that the child had a large perforation in the stomach. The next day, the child died.
Consequently, a case was filed under the Consumer Protection Act, 2019, against the Woodlands Hospital and two senior paediatricians, claiming Rs 13 crore for the wrongful death of an aspiring child.
During the hearing of the case on 15.01.2026, Dr Kunal Saha, President of People for Better Treatment (PBT) appeared as the authorised person of the complainant. The father of the child filed the consumer complaint alleging medical negligence, delay in timely diagnosis, treatment, and dereliction of duty by the treating hospital and its doctors.
After perusing the documents and hearing the arguments, the Alipur District Consumer Disputes Redressal Commission condoned the delay of four days in filing the complaint and noted, "In view of the materials in the complaint petition along with copies of documents submitted, we are of the opinion that there is material for admitting the complaint. Accordingly the complaint is admitted."
Further, the Commission noted that, since the matter concerned medical negligence, it required expert opinion to dispose of the case on merit. It referred to the Supreme Court order in the case of Martin F. D'Souza- vs- Mohd. Isfaq where the top court bench held that "Judges are not experts in medical science, rather they are lay men. This itself often makes it somewhat difficult for them to decide cases relating to the medical negligence."
Accordingly, the Consumer Court directed the Superintendent of SSKM Hospital to set up a Medical Board and submit a report by 27.03.2026. "Accordingly, we are of the opinion that while we proceed with the hearing of the matter on merit, after allowing OP to appear in the matter and contest, in the mean time a report is also to be called from medical board, consisting of expert for the purpose of determination of the medical negligence, as alleged. Accordingly, Supdt. Of SSKM Hospital is requested to constitute a medical board for the purpose of determination of the medical negligence and to submit a report before this commission by 27.03.2026. To date for S/R Appearance and for filing written version. Complainant is directed to take step for serving notice upon the OP.," ordered the Commission.
"Copy of this order along with copy of complaint petition as well as the documents to be forwarded to the Supdt. Of SSKM Hospital for necessary compliance. Complainant is directed to file copy of complaint and all the documents relied upon by him before this commission within 10 days so that the same can be forwarded to the SSKM Hospital," it further mentioned.
To view the consumer court order, click on the link below:
https://medicaldialogues.in/pdf_upload/order-alipur-jan-2026-woodland-yadab-child-death-1-323764.pdf
