Hospitals offering maternity services carry a corresponding duty to ensure immediate neonatal care when complications arise.
Courts increasingly view post-delivery transfers as a failure of preparedness where in-house specialist intervention is reasonably expected.
When critical care is delayed because support was not in place, liability can follow — even if referral was eventually made.
Irrefutable Facts
The patient was admitted to the hospital with a full-term pregnancy. She delivered a child who developed Meconium Aspiration Syndrome (MAS). The infant was shifted to the pediatric hospital for further management, and the patient was discharged on the same day.
By the time the infant was admitted to the second hospital, he succumbed to death.
The parents sued the hospital, alleging that the infant was shifted to the pediatric hospital without providing a valid reason. It was further alleged that the newborn died due to a lack of care during labor and delivery at the hospital. This claim was supported by the fact that the neonate was already dead before admission to the second hospital.
Hospital’s Plea
It was stated in defence that the baby developed MAS after delivery. This condition is caused by issues within the infant’s internal system.
Court’s Observations
The court, perusing medical literature, noted that MAS is not fatal, and infants can survive through proper care and treatment. However, the court, upon perusing medical records, observed that the doctors of the first hospital had only explained the cause of the newborn’s death rather than providing the requisite treatment. Consequently, the court drew an adverse inference against the doctors of the hospital.
The court found that no pediatrician was present during the delivery at the hospital. Additionally, the baby and the patient were discharged on the day of delivery without involving a pediatrician for further management.
The court did not find negligence on the part of the second hospital, as there had already been a delay of approximately 30–45 minutes by the time the infant was admitted there. The court attributed this delay solely to the negligence of first hospital in transferring the baby belatedly to the second hospital.
Hence, the court only held the first hospital negligent, while the second hospitalwas spared.
Prevention Is Better Than Cure
- In cases of complications / emergencies, the doctor is often in a dilemma whether to refer the patient to a higher center or call the specialist to the hospital. Sometimes, it could be detrimental for the patient to be shifted, and the specialist may not be available readily on-site. Under such circumstances, the doctor should take decisions in the patient's best interest. Further, once the decision is taken, there should be no delay in either calling the specialist or transferring the patient.
- The presence of a pediatrician is advisable during delivery and mandatory to manage post-delivery complications of the neonate. Proper documentation of their involvement in the medical records is crucial.
Source : Sanjeev Kallappa Kolkar v/s Shree Daneshwari Hospital & Ors.
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