Newborn suffers leg fracture during breech delivery: Consumer Forum relief to gynecologist, hospital
Tripura: The District Consumer Dispute Redressal Commission of Tripura has recently dismissed a case of medical negligence against a gynecologist and the hospital where the petitioner alleged that the right leg of the newborn surffered a fracture due to the negligence of the doctors while conducting a breech delivery.The petitioners had moved the court claiming compensation of 5...
Tripura: The District Consumer Dispute Redressal Commission of Tripura has recently dismissed a case of medical negligence against a gynecologist and the hospital where the petitioner alleged that the right leg of the newborn surffered a fracture due to the negligence of the doctors while conducting a breech delivery.
The petitioners had moved the court claiming compensation of 5 lakh while submitting that they had to approach a number of medical facilities and doctors for the treatment of the newborn which caused them serious financial loss and mental agony.
However, the commission found that the petitioners did not mention the view of the doctor who himself conducted the cesarean and also found that there was a complication in the pregnancy of the women and the surgery was also a breech surgery. The commission observed that it is during the surgery that the baby received a fracture in the leg as he was in a left transverse lie (obstructed). After this the court dismissed the case.
We have considered the pleadings as well as evidences of both sides very carefully. We have also gone through Dr. D. C. Dutta's text book of Obstetrics which is relied upon by the counsel of the O.Ps. From the text book we find that ''Long bones – bones commonly involved in fractures - are the humerus, the clavicle and the femur. These occur in breech delivery. Fractures are usually of greenstick type but may be complete. Rapid union occurs with callus formation. Deformity is a rarity even where the bone ends are not in good alignment.'' So we find that medical science approves such nature of fracture which may occur in a breech delivery. we find that the event was accidental in nature and there was no negligence on the part of the Opposite parties.
It is unfortunate that the complainant had to incur huge amount for the treatment of the baby, but for which we can not say that the opposite parties are responsible and liable to compensate the expenditure. While we have appreciated the evidence of both sides, we kept the principles laid down by the Apex Court in respect of medical negligence which is mentioned above. On over all appreciation of evidences of both sides, we do not find that there is/was any negligence or any deficiency of service on the part of the opposite parties. Hence, we are in the opinion that the complaint is devoid of merit and liable to be dismissed. No costs. Supply free copy of the judgment to both the parties.
Sanchari Chattopadhyay has pursued her M.A in English and Culture Studies from the University of Burdwan, West Bengal. She likes observing cultural specificities and exploring new places.