THIRUVANANTHAPURAM: The State Consumer Disputes Redressal Commission (SDRC) has ordered a Pathanamthitta-based hospital to pay Rs 50 lakh in compensation to a child, who was born with deformities, and his parents. The complainants, an NRK couple who came to Kerala for the woman’s pregnancy care and delivery, had alleged that the hospital failed to conduct a proper anomaly scan.
The woman started treatment at St Luke Hospital (New Life Fertility Centre), Pathanamthitta, after 10 weeks into pregnancy. Ultrasound scans were done several times, especially after four months of pregnancy, and she was told the baby was healthy. On January 10, 2015, the woman gave birth to a baby boy through Caesarian. But the couple was shocked as the baby did not have lower limbs and hip.
The couple alleged that the anomaly scan, which ought to have been done during the fourth or fifth months, was not done properly.
The hospital argued that ultrasound results cannot be relied upon as 100 per cent accurate and all congenital anomalies cannot be detected as it depends upon foetal position and several other factors. The scanning was done as per the standard protocol and there was no indication of any anomaly. Hence, a detailed anomaly scan was not performed, the hospital claimed.
The commission took note of an opinion from the head of the department of radio diagnosis, Government Medical College Hospital, Thiruvananthapuram, who stated that abnormalities could be assessed in the scan in the 18th week of gestation. Also, the hospital failed to note the disability of the foetus and there was fault in the sonogram reports, the expert said.
The commission’s bench comprising members Ajith Kumar D and Radhakrishnan K R observed that the scans were performed by a gynaecologist who was not competent to perform the duty of a radiologist.
‘Compensation must be deposited in minor’s name’
Also, the gynaecologist was negligent in not prescribing a detailed anomaly scan. There was utter carelessness on the part of the doctor who issued scan reports with measurements of the length of the femur of the foetus which actually did not have lower limbs, the commission stated in its order. The order asked the hospital and doctors to pay Rs 30 lakh to the child and Rs 20 lakh to the complainants.
An amount of Rs 10,000 should be given as the cost of litigation and 8 per cent interest for the compensation amount since March 2015. Compensation to the baby should be deposited in the minor’s name and the parents can utilise the interest amount for the child’s care, the panel stated.