The Indraprastha Apollo and its gynaecologist have been directed by the apex consumer commission to pay Rs1 crore compensation to a couple, whose baby suffered mental disability due to the “negligence” of the doctor at the time of delivery more than 15 years ago.
The child, who underwent treatment for her ailment at several hospitals, had died at the age of 12 years, the National Consumer Disputes Redressal Commission (NCDRC) noted in its order.
Of the Rs1 crore compensation, awarded to the couple, Rs80 lakh has to be paid by the hospital and the remaining Rs20 lakh by Dr Sohini Verma, the gynaecologist, the NCDRC ordered while observing it was a “peculiar case” in which the “mother lost her precious child, whereas the child lost all its existence since birth”.
“The insurance company shall indemnify the respective opposite parties (hospital and doctor), as per law,” it said. The Bench, presided by Justice JM Malik, said that the hospital and its doctor indulged in “unethical medical practices and professional misconduct like tampering of medical records to the maximum extent”. “On bare perusal, it is apparent that records are tampered at the extents which show erasing marks, pinholes. There are some handwritten insertions, overwritings and discrepancies in the doctor’s and sister’s chart,” it said.