Apollo asked to pay rs 1cr for negligence

1. Apollo asked to pay Rs 1cr
for negligence
It Resulted In Baby Born With 95% Disability
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2. Contd..
A 13-year legal battle of a doctor couple against a private hospital for
medical negligence that resulted in their child being born with mental
retardation and 95 per cent disability, has come to an end with NCDRC
holding the attending doctor and Indraprashta Apollo Hospital guilty
and directing them to pay Rs 1 crore in compensation.
Dr Indu Sharma got admitted in the hospital in June 1999 for delivery
and she was treated under Dr Sohini Verma.The baby was born through
the caesarean section but she did not cry immediately after birth and it
took almost five minutes.The child was also unable to take breastfeed.
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3. Contd..
After keeping the baby under observation for 20 days, the hospital
discharged Dr Sharma saying all reports were normal. The baby , Nishtha,
developed complications two months later and the parents took her to
AIIMS where EEG and CT scan revealed that she was severally affected by
atrophy of brain. The disability board of AIIMS, certified the baby was
suffering from 95% disability.
Dr Sharma's battle for justice started thereafter and she filed a case through
her advocate Madhukar Pandey before National Consumer Disputes
Redressal Commission. Nishtha survived for 12 years with disabilities and
died on Jan 15, 2012. Pandey submitted that negligent medical management
resulted in the baby's brain getting insufficient amount of oxygenated blood
due to which hypoxia and perinatal asphyxia occurred.
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4. Contd..
After going through Nishtha's medical records, NCDRC concluded there was negli
gence on part of the hospital and Dr Verma. “The opposite parties are held
responsible for medical negligence in this case, we, therefore, fix total
compensation of Rs 1 crore; out of which Indraprastha Apollo Hospital, will pay Rs
80 lakh and Dr (Mrs) Sohini Verma will pay Rs 20 lakh to the complainant within 90
days from date of receipt of this order,“ a bench of J M Malik and Dr S M Kantikar
said.
“We have noted that Dr Verma kept increasing the dosage of Syntocinon without
careful monitoring and in a haphazard manner for a very long period.In any case
oxytocin should not be used more than a few hours,“ it said. NCDRC also foundthe
original medical records were tampered with signs of cutting, erasing and
manipulating dosage of Syntocinon and slapped a punitive cost of Rs 10 lakh on the
hospital. “The corporate hospitals and specialists, as might be expected, must
perform at a higher level than other hospitals.They , after all, represent themselves
as possessing highest standard facilities,“ it said.
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