Newborn dies after C-section: Consumer court slaps Rs 5 lakh compensation on hospital for negligence
Medical Negligence
Bareilly: Holding a private hospital liable for medical negligence leading to the death of a newborn in 2023, the District Consumer Disputes Redressal Commission (DCDRC) has slapped a compensation of Rs 5 lakh on the hospital's owner.
While considering the complaint filed by the deceased newborn's father, the District Consumer Court found that the hospital owner, Dr Bansal, was reportedly negligent.
Filing the complaint, the newborn's father, a resident of Bajohi, alleged that despite regular check-ups and a normal ultrasound in the eighth month of pregnancy, his newborn daughter died shortly after birth by caesarean section performed by Dr Bansal at the hospital.
Apart from this, there were allegations that the hospital did not disclose the reason for the newborn's death and also did not provide a death certificate or medical records. Even though the matter was raised before the CMO, it did not give any results.
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However, while considering the complaint, the consumer court held the hospital guilty of negligence and imposed a fine of Rs 5 lakh with interest on its owner. Further, the Commission has also imposed Rs 50,000 compensation for mental and financial distress and Rs 5,000 as legal costs.
Commenting on the incident, Advocate Luv Mohan Varshney told the Times of India, "Before the delivery, ****'s wife, ***, fell ill and was admitted to the Child Care Centre in the Chandausi area of Sambhal. A caesarean operation was performed, the baby was born, but the newborn died within a few hours."
"The hospital neither disclosed the cause of death nor provided a death certificate or medical records. They also ignored *** complaints, and his approach to the CMO yielded no results. The court held the hospital guilty of negligence and imposed a fine of Rs 5 lakh with 7 per cent annual interest payable within two months, along with Rs 50,000 for mental and financial distress and Rs 5,000 as litigation costs."
The court said, "In case of non-payment, the interest rate will rise to 9% per annum," he further added.
