Abstract

The complainant alleged that after delivery, for 1 ½ hours, Dr. S.B. Khanna did not disclose the sex of baby and the health condition of mother and baby.  It was alleged that the OP hospital claimed to be having facilities like five-star or seven-star hotel and charging exorbitantly, but in reality, the facilities were poor.

The Nurse-Patient and Doctor-Patient ratio in the NICU was very less. The facilities were inadequate for segregating healthy babies from the ill.

The medical records with respect to intrauterine sepsis, initial resuscitation and initial investigations were not maintained properly. 

Because of numerous hospital deficiencies, her premature baby could not survive for more than three days.

Compensation of ₹1500000/ (₹500000/ for medical negligence and ₹100000/ for administrative deficiency) has been awarded by SCDRC, Delhi, which was reduced to ₹ 2 lakh. NCDRC in cross appeals and observed that keeping in view over all facts and circumstances on record, we feel that the directions to give compensation of ₹5 lakh as well as punitive damages of ₹10 lakh for the deficiencies, inadequacies pointed out is excessive. 

NCDRC added that we feel that it shall be in the interest of justice that OP is made to pay a sum of ₹ 2 lakh to the complainant on account of such deficiency/inadequacies pointed out by the Expert Committee. 

This research paper discusses medicolegal aspect of critical care in India.